HR News and Information
 March 30, 2005

NEWS IN THE COURTS

NEWS FROM THE BUSINESS AND LEGAL REVIEW

HR IN THE NEWS

FROM IPMA-HR HR Bulletin

SITE OF INTEREST ON THE WEB

 

NEWS IN THE COURTS

Pregnancy Discrimination Act Protects Employee Years After Pregnancy
Nurse resigns to have her child and much later seeks to return for a part-time position; but hospital declines to rehire her, given her former co-workers' vehement opposition to her return. She sues and is protected by the Pregnancy Discrimination Act though it has been years since her last pregnancy and she is not experiencing complications from it. "The Supreme Court has held that the PDA prohibits an employer from discriminating against a woman 'because of her capacity to become pregnant.'" However, hospital has produced evidence that "it decided not to rehire [plaintiff] because she was an unreliable employee and was avidly disliked by her peers." Not does it affect result that in her interview she was allegedly asked whether she was pregnant or intended to have more children. (3/11/04) Kocak v. Community Health Partners of Ohio, Inc. (6th) OH 9 G __ F3d __ 11 05 http://pacer.ca6.uscourts.gov/opinions/main.php

EEOC Obtains $1.29 Million Jury Verdict Against Dupont For Disability Discrimination
[25 October 2004]
NEW ORLEANS - In a major legal victory for the U.S. Equal Employment Opportunity Commission (EEOC), a jury in U.S. District Court for the Eastern District of Louisiana has awarded a former veteran employee of E.I. DuPont De Nemours & Co. (DuPont) $1.29 million in an employment discrimination case filed by the EEOC under the Americans with Disabilities Act of 1990 (ADA). DuPont, based in Wilmington, Delware, is an international science and chemical company operating in 70 countries with 55,000 employees worldwide and annual revenue of more than $20 billion.

Following a two and one-half day trial in EEOC v. E. I. Du Pont De Nemours & Co. (Civil Action No. 03-1605), the jury awarded plaintiff Laura Barrios $1 million in punitive damages, $200,000 in front pay and $91,000 in back pay. Testifying that she was made to feel like half a person and humiliated and embarrassed, Ms. Barrios, an 18-year employee of Dupont prior to her termination and forced placement on disability retirement, said: "All I wanted was to do my job.

" EEOC's lawsuit, filed in June 2003, asserted that DuPont violated the ADA when it illegally required Ms. Barrios, who has severe physical impairments, to take a functional capacity exam (FCE), which was neither job-related nor consistent with business necessity. Moreover, the five to six hour test caused Ms. Barrios severe physical and emotional harm.

The FCE tested her performance of rigorous physical tasks such as climbing, standing for hours on end, lifting more than 20 pounds, straight leg lifts, and overhead work. Although Ms. Barrios passed the test - which indicated that she could adequately perform the essential functions of her position - DuPont used the test results as a pretext to (falsely) declare her as a direct threat to herself and others because DuPont ostensibly believed Ms. Barrios could not safely evacuate the plant in case of an emergency. DuPont then forced Ms. Barrios onto short-term disability leave and then total permanent disability retirement, which terminated her employment. http://www.eeoc.gov/press/10-25-04.html

EEOC Suit Said Dockworkers Subjected to Physical Assault, Nooses and Racial Slurs KANSAS CITY, Kan.
The U.S. Equal Employment Opportunity Commission (EEOC) today announced the settlement of an employment discrimination lawsuit under Title VII of the 1964 Civil Rights Act against Consolidated Freightways Corporation of Delaware for $2,750,000 on behalf of 12 African American dockworkers who were subjected to a racially hostile work environment at the Kansas City, Missouri, facility.

The Commission alleged in the lawsuit that co-workers subjected the African American employees to racial intimidation which included hanging nooses in the workplace, assaults, threats of physical harm, displaying racially offensive graffiti, damaging property and other harassment. Consolidated, which filed a petition for relief under the Bankruptcy Code on September 3, 2002, and is now in the process of liquidation, was one of the largest freight transportation companies in North America.

In EEOC's suit, filed on May 31, 2002, in the United States District Court for the Western District of Missouri, Western Division (No. 4:02-CV-00519-DW), the Commission alleged that Consolidated knew about but did nothing to stop the racial harassment, and that it disciplined one of the employees for complaining about the harassment. The litigation was filed by EEOC after the agency investigated charges of discrimination, found merit, and exhausted its conciliation efforts to reach a voluntary pre-litigation settlement.

The settlement, in the form of a Consent Decree, provides monetary relief to former dockworkers at Consolidated's Kansas City, Mo.-based facility. It calls for Consolidated to pay $2,750,000 to the former employees and their private attorneys. The Bankruptcy Court, based on the company's remaining assets, will determine the amount of the actual recovery. http://www.eeoc.gov/press/1-12-05.html

Title VII Standard For Inference Of Discrimination Is Explained
High school secretarial employee complains under Title VII that she was denied assistant athletic director post because of her gender and that, after she filed with the EEOC, she was denied a raise. However, in order to recover it isn't sufficient to show that the reason given by the employer for its actions was false. An inference of discrimination "is permissible only if the evidence also supports a finding that [school system] intentionally discriminated against [employee] on the basis of a prohibited criterion [.]" Williams v. Eau Claire Public Schools (6th) MI 4 8 G__ F3d __ 7 05 (2/10/05) http://pacer.ca6.uscourts.gov/index.php and look for 03-1486

Conditioning Benefits On Agreement To Forego Constitutional Rights Violates Unconstitutional Conditions Doctrine
Microbrewery states sec. l983 unconstitutional conditions claim that city withheld regulatory approvals and imposed inordinate police surveillance to induce it to agree to close at 11:00 p.m., rather than at the 2:00 a.m. closing hour permitted by its state license. The owner's right to serve customers until 2:00 is a protected property interest; and, "under the unconstitutional conditions doctrine, 'a state actor cannot constitutionally condition the receipt of a benefit . . . on an agreement to refrain from exercising one's constitutional rights [.]'" And plaintiff has standing to challenge city's sign ordinance, though city merely delayed approval of name change on its sign, as it is "irrelevant that the city did not actually deny Goose Island's request to change its sign [.]" R.S.W.W., Inc. v. City of Keego Harbor (6th) MI 1 26 51 N D__ F3d __ 7 05 (2/10/05) http://pacer.ca6.uscourts.gov/index.php and look for 01-2695

ADA Supports Cause Of Action For City's Violation Of Accessibility Regulations
Asserting that city has failed to install proper curb cuts and that its sidewalks are uneven, lady chooses to ride her wheelchair in the street, at times with her daughter in her lap. Charged with child endangerment, she is acquitted and sues under the ADA. She has a private cause of action to seek relief based on the ADA's accessibility regulations, but "the police did not stop [her] because of her disability, but rather stopped her in response to citizen complaints about her being in the roadway." And, as the city's duty under the ADA to install handicapped-accessible sidewalks and to train its employees about the ADA affects all disabled persons, and not just plaintiff, she has failed to show intentional discrimination against her specifically. Nor is she entitled to attorney fees. Dillery v. City of Sandusky (6th) OH 1 60c H __ F3d __ 8 05 (2/18/05) http://pacer.ca6.uscourts.gov/index.php and look for 03-3465

 

NEWS FROM THE BUSINESS AND LEGAL REVIEW

Comparing the Retirement Savings of the Baby Boomers and Other Cohorts
(01/24/2005)
This study compares the retirement savings behavior of four different age cohorts and finds that Older Baby Boomers (born from 1946 to 1954) are somewhat more likely than the other cohorts to hold a retirement account. It also finds that households in the Swing cohort (1928 to 1945) hold the largest amount of retirement savings, followed by, in order, households in the Older Boomers, Younger Boomers (1955 to 1964), and Generations X and Y (1965 to 1987) cohorts. http://www.bls.gov/opub/cwc/cm20050114ar01p1.htm

 

HR IN THE NEWS

EEOC RELEASES FISCAL 2004 YEAR-END DATA
Highlights Include Record Monetary Relief, Expanded Mediation and Outreach

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today released its fiscal year 2004 enforcement statistics showing that the agency recovered a record $420 million in relief last year for thousands of people filing charges of employment discrimination, while also expanding its mediation program and efforts to proactively prevent discrimination through outreach, education, and technical assistance.

"Thanks to the dedicated efforts of our hardworking employees, we continue to make progress in fulfilling our mission of eradicating employment discrimination," said EEOC Chair Cari M. Dominguez. "Nevertheless, as our latest enforcement data show, much work remains to attain the promise of equal employment opportunity for all."

Data on charge filings with EEOC and agency litigation for FY 2004 and prior years including resolutions by type and monetary benefits are available on the agency's web site at www.eeoc.gov. Highlights of the last fiscal year, covering October 2003 through September 2004, include:

  • Outreach - EEOC conducted 5,340 headquarters and field office educational, training and outreach events (a record), reaching more than 350,000 people, and there were 651 no-cost outreach events directed toward small businesses. In addition to agency-enforced laws, national outreach focused on the Freedom to Compete campaign, New Freedom Initiative workshops for small employers, and the launch of the Youth@Work Initiative. The number of visitors to EEOC's public web site in FY 2004 was more than four million (on average, 350,000 visitors per month).
  • Charge Filings - EEOC received 79,432 charges of discrimination against private sector employers and state/local government entities. Race, sex and retaliation were the most frequently alleged bases of discrimination. The data show that most types of discrimination held steady as a percentage of EEOC's total caseload. The average charge processing time was 165 days and the pending inventory of charges was 29,966. EEOC resolved 85,259 charges, of which 19.5% were merit resolutions (with favorable outcomes for the charging party).
  • Mediation - EEOC achieved a record 8,086 successful resolutions through the agency's voluntary National Mediation Program resulting in $112 million in monetary benefits in addition to non-monetary benefits, such as changes in employer policies and reasonable accommodations for employees. The average resolution time for a charge in mediation was 82 days. EEOC also continued to expand the number of Universal Agreements to Mediate (UAMs) with employers at the national, regional and local levels (including several Fortune 500 companies). During FY 2004, EEOC entered into 637 local UAMs at the district office level, while the number of national UAMs with large employers grew to more than 70.
  • Litigation - EEOC filed 378 merits lawsuits (direct suits, interventions and conciliation enforcement actions), including 143 cases involving multiple aggrieved parties or victims of discriminatory policies. The agency resolved 347 merits suits, including 33 cases involving multiple aggrieved parties or victims of discriminatory policies. In addition to monetary benefits, the agency obtained significant injunctive relief including training, policy changes, posting on notices, and other measures.
  • Monetary Relief - EEOC recovered more than $251 million through pre-litigation resolutions (conciliation, mediation and other administrative settlements), and $168 million through agency lawsuits filed in federal district court for a combined total of $420 million, the most monetary benefits ever obtained by EEOC in a single year.
  • Model Workplace - EEOC made strides in its effort to become a model workplace and achieve organizational excellence. Last year, comprehensive training was provided to about two-thirds of agency managers through EEOC's Management Development Institute, which brings together managers and supervisors to hone their leadership skills. FY 2004 was also the first full year of the agency's successful RESOLVE program a one-stop, informal program for settling all types of internal workplace disputes in an average time of 72 days with a high level of participant satisfaction.

The Commission's work and accomplishments, as highlighted above, follow the Chair's Five-Point Plan, aimed at enhancing the agency's operational efficiency and effectiveness while improving customer service. The elements of the Five-Point Plan are: 1) Proactive Prevention; 2) Proficient Resolution; 3) Expanded Mediation; 4) Strategic Enforcement and Litigation; and 5) EEOC as a Model Workplace.

EEOC is the federal government agency that enforces that nation's laws prohibiting discrimination in employment based on race, color, sex (including sexual harassment and pregnancy), religion, national origin, age, disability, retaliation, and equal pay. Further information about the Commission, including charge data from prior years, is available on the agency's web site at http://www.eeoc.gov .

http://www.eeoc.gov/press/2-15-05.html

OPM: HR Training Policy Handbook & More

http://www.opm.gov/hrd/lead/pubs/pubs.asp

Publications
The following are some of the publications OPM has developed to support the Federal Human Resource Development (HRD) community. Please check back periodically for additions or updates.

A Guide to Strategically Planning Training and Measuring Results

  • http://www.opm.gov/hrd/lead/pubs/spguide.pdf *
  • [full-text, 63 pages]
  • This guide provides ideas and assistance to agencies in linking training with agency goals. This publication directly supports the new requirement contained in OMB Circular A-11 (OMB Guidance for Agency Plans and Budgets) for fiscal year 2002.

Training Needs Assessment Handbook

  • This handbook assists you and your agency in planning and implementing effective needs assessment system. It provides practical guidance, models, tools, and strategies to help you link your HRD functions to your agency's mission and goals. Contact us for a copy. mailto:hrdleadership@opm.gov>hrdleadership@opm.gov (Under revision)

Training Policy Handbook

  • http://www.opm.gov/hrd/lead/pubs/handbook/opmintro.asp * or
  • http://www.opm.gov/hrd/lead/pubs/handbook/Training_policy_hndbk04.pdf
  • [full-text, 49 pages]
  • This handbook covers the essential legal information needed for human resource development professionals and managers to make decisions on the management and implementation of training programs for agency personnel. The information presented is general in nature and must be interpreted within the context of individual agency policies and circumstances.

Chamber Survey Shows Employers Generous with Benefits Despite Rising Costs
WASHINGTON, D.C.

The United States Chamber of Commerce annual survey of its members showed employers provided an average of $18,358 in benefits per employee in 2003, compared to $18,000 in 2002. Of that amount, nearly $5,653 was for medical benefits, $4,932 for paid time off, and $3,303 for retirement and savings.

"Employers are continuing to offer their workers a broad range of benefits in order to maintain a strong workforce despite the rising cost, said Bruce Josten, Chamber executive vice president".

Employee benefit costs represented 37.6 percent of payroll among all companies, according to the study. Manufacturing companies spent a higher amount compared to non-manufacturers, averaging 40.1 percent of payroll versus 37.1 percent. Medical benefits were the most expensive, accounting for 11.6 percent of payroll.

The most common benefits offered by employers continue to include health insurance, paid holidays and vacation, and retirement plan benefits.

The Chamber has annually conducted an employee benefits study, which is widely used for benchmarking and documenting employee benefit costs, for more than 50 years. Nearly 600 companies participated in the latest survey.

The U.S. Chamber of Commerce is the world's largest business federation representing more than three million businesses and organizations of every size, sector and region. http://www.uschamber.com/press/releases/2005/january/05-13.htm

 

FROM IPMA-HR HR Bulletin

Legislative Update

Minimum Wage Increase - During debate over an unrelated bankruptcy bill, the Senate rejected two amendments to raise the minimum wage. Senator Ted Kennedy (D-MA) introduced an amendment to raise the minimum wage from $5.15 per hour to $7.25 per hour in three increments. Senator Rick Santorum (R-PA) offered the Republican alternative, to raise the minimum wage to $6.25 per hour in two increments. The Santorum amendment included other provisions favored by Republicans, including allowing a biweekly work schedule so that employees could work 50 hours in one week and 30 the next without overtime issues.

Chairman of the Senate Health, Education, Labor and Pensions (HELP) Committee, Mike Enzi (R-WY), said of the Kennedy amendment, "This proposal to raise the minimum wage 41 percent is fundamentally flawed. The problem is not the minimum wage: The problem is minimum skills. Regardless of the size of any wage increase Congress might impose, the reality is that today's lowest paid worker will continue to be tomorrow's lowest paid worker if he or she doesn't develop and improve the job skills that will lead to career advancement."

Senator Enzi is a former small business owner who noted that many of these minimum wage jobs are a "gateway" to the workforce for those without skills or experience. "These minimum skills jobs can open the door to better jobs and better lives for low-skilled workers if we give them the tools they will need to succeed."

Mandatory Collective Bargaining - On March 3, Senator Judd Gregg (R-NH) reintroduced the bill, S. 513, "Public Safety Employer-Employee Cooperation Act of 2005," that requires all state and local government employers to engage in collective bargaining with their police, fire and EMTs.

The law would give the Federal Labor Relations Authority the responsibility for creating collective bargaining procedures and for determining whether or not the states with collective bargaining are in "substantial compliance." The law would require bargaining over hours, wages & terms and conditions of employment.

IPMA-HR has a policy position against mandatory collective bargaining for public safety officers. Collective bargaining is a matter for state and local governments and 34 states already have some form of collective bargaining for public safety employees.

This legislation is the highest priority for the International Association of Fire Fighters. It received a lot of attention immediately following 9/11 and has continued to draw support. Last year, prior to adjournment, the House version of the bill, H.R. 814, had 180 cosponsors and S. 606 had 28 cosponsors and was reported in the Senate but not voted on.

Job Training Bill Passes House of Representatives - On March 2, the U.S. House of Representatives passed H.R. 27, reauthorizing the Workforce Investment Act of 1998 through 2011. The measure passed with a controversial provision allowing faith-based organizations to discriminate in hiring based on religion.

The measure also streamlines funding streams for adult job training, dislocated worker programs, and employment service into one block grant to the states with the requirement that 70 percent of the funds be passed on to local government. In addition, the bill includes the Bush Administration proposal to fund a demonstration project creating individual reemployment accounts of up to $3,000 for those about to exhaust their unemployment benefits. The Labor Department is currently piloting the program in seven states.

The future of the reauthorization is uncertain. A bill similar to H.R. 27 passed the House last year but the Senate version was different and the two chambers were unable to reach a compromise.

FMLA Regulations - The Department of Labor is expected to publish revised Family and Medical Leave Act (FMLA) regulations soon, maybe as early as the end of this month. The Department of Labor is planning to revise the regulations in accordance with the Supreme Court decision in Ragsdale v. Wolverine Worldwide, Inc. (2002).

In that case, the Court ruled that a woman who had been given 30 weeks of leave under company policy was not entitled to an additional 12 weeks even though the employer failed to designate any part of the 30 weeks as FMLA-qualifying. That decision invalidated part of the Labor Department regulations.

IPMA-HR is working with the Technical Corrections Coalition in an effort to have the definition of a "serious health condition" clarified. The Technical Corrections Coalition has also been seeking amendment to the burdensome incremental leave provisions.

GPO/WEP Repeal - Representative Buck McKeon (R-CA) introduced H.R. 147 to repeal the government pension offset (GPO) and the windfall elimination provision (WEP). Both provisions reduce the Social Security benefits of an individual receiving a public pension. Similar legislation was introduced during the last session of Congress but did not receive attention. It is unlikely that this bill will be enacted this year because of the focus on Social Security's solvency. Eliminating the GPO and WEP would be expensive.

USERRA Poster Online
The Veterans Benefits Improvement Act, enacted by Congress in December 2004, mandates that employers provide notice to "all persons entitled to rights and benefits under USERRA." Employers may meet this obligation by posting the notice in a prominent place where employees customarily check for such information.

The poster is now available online: http://www.dol.gov/vets/programs/userra/poster.pdf

Partnership for Public Service Reviews Pay For Performance
The Partnership for Public Service's latest report reviews the viability of pay-for-performance personnel systems in the federal government.

The Partnership reports that while the federal personnel system has traditionally operated under the 15-grade General Schedule, more than a dozen agencies have developed their own systems that allow them to award pay increases based on the quality of an employee's work. Under the General Schedule, most workers receive the same percentage pay increases annually.

If a pay-for-performance system is properly implemented, the report states, it can increase the government's efficiency by motivating employees, drawing in and helping retain top performers, and giving managers a means to provide valuable feedback to their employees.

Pay-for-performance systems have long been predominant in the private sector, however the Partnership identified three factors involved in government personnel systems that that do not affect private companies:

Developing and measuring performance metrics can be more difficult for organizations that serve the public than for companies whose primary goals revolve around profit. Motivating employees with cash incentives may be less effective in environments where workers draw inspiration from their ability to make a positive impact. Using pay incentive systems provide greater power and flexibility for managers, which can interfere with civil service protections against political interference.

From observing prior experience with pay-for-performance systems in the public sector, the Partnership has determined that these challenges can be surmounted. The following steps are vital to the success of these systems:

  1. Providing supervisors with the necessary training to make informed and accurate decisions regarding individual performance
  2. Allocating sufficient resources to ensure that the differences in compensation for high- and low-end performers are meaningful
  3. Instituting an appraisal system that can be shielded from political manipulation and based on employee involvement and support.

To read the full report, Pay for Performance, go to http://www.ourpublicservice.org/usr_doc/PPS-05-01.pdf

Human Resources Line of Business Model Creators Recognized
On Tuesday, March 8, the Office of Management and Budget joined the Office of Personnel Management (OPM) in recognizing the efforts of the federal human resources community to create the Human Resources Line of Business (HR LOB) Reference Model.

As the managing partner of the HR LOB, OPM formed and led an interagency task force of 22 agencies and 273 cross-government participants that defined the vision, goals and objectives of the HR Line of Business and formulated the common solution, target architecture and supporting business case.

The vision of the HR LOB is to create a modern, cost-effective, and interoperable HR solution providing common-core functionality to support the strategic management of Human Capital across government. In addition, it will allow federal departments and agencies to work more effectively to meet the human capital goals of the President's Management Agenda.

The common solution is a market-driven approach where service providers competing for government business are driven to provide the best services and most innovative solutions at the lowest cost. The HR LOB initiative will establish governmentwide shared Service Centers to provide technology solutions to support multiple agencies.

The federal agencies recognized during the ceremony included:

Department of Agriculture
Department of Commerce
Department of Defense
Department of Education
Department of Energy
Department of Health and Human Services
Department of Homeland Security
Department of Housing and Urban Development
Department of the Interior
Department of Justice
Department of Labor
Department of State
International Trade Commission Commodity

Department of Transportation Department of the Treasury
Department of Veterans Affairs
Environmental Protection Agency
Central Intelligence Agency
General Services Administration
National Aeronautics and Space Administration
National Science Foundation
Nuclear Regulatory Commission
Office of Personnel Management
Social Security Administration
Federal Energy Regulatory Commission
Futures Trading Commission
United States Postal Service

 

Government Technology Magazine Recognizes the Accomplishments of the Department of Labor's Assistant Secretary
Patrick Pizzella, assistant secretary of labor for administration and management and chief information officer, has been named one of Government Technology magazine's Top 25 "Doers, Dreamers and Drivers" for 2004. The annual honor, published in the magazine's March issue, profiles 25 men and women who have achieved major accomplishments and "pushed the envelope" in government information technology and reform.

"Over the last four years, the Labor Department has made major strides in using technology to deliver services and information more effectively," said Steven J. Law, deputy secretary of labor and chairman of the President's Management Council E-Government Committee. "The federal government is on the cusp of a new era in terms of integrating technology, and Pat deserves a lot of credit for making our department an e-government leader."

On Sept. 30, 2004, the Office of Management and Budget (OMB) upgraded the Department of Labor's (DOL) score for E-Government to green, the highest achievable on the President's Management Agenda (PMA) scorecard. President George W. Bush sent his PMA, a strategy for improving the management and performance of the federal government, to Congress in the summer of 2001 just months after taking office. DOL is one of only two of 26 federal agencies that have scored a "green" in four of five PMA categories.

"Under the direction of U.S. Labor Secretary Elaine L. Chao, who endorsed a blueprint for transforming the department into a digital agency, Pizzella revamped major operations with IT while balancing the twin challenges of cost and performance," according to a profile of Pizzella in the March issue of Government Technology. The magazine also noted that Pizzella and DOL achieved success in computer security, information technology (IT) investment planning, enterprise architecture and a host of other critical IT functions.

Another accomplishment that placed Pizzella among the "top 25" was GovBenefits.gov, an interagency, one-stop website, managed by DOL, that contains more than 1,000 federal and state benefits programs. Pizzella also streamlined the department's infrastructure with a common e-mail system, automated procurement, automated property tracking, enterprise-wide directory services, and a safety and health information management system for worker compensation claims.

Replacing Retirees Still a Critical Issue, Despite Drop in Earlier OPM Projections
A recent article in Govexec.com discusses that new data released by the Office of Personnel Management indicates that federal employees are retiring in greater numbers, though still not as rapidly as OPM had projected three years ago using retirement trends from 1999 to 2001. Despite that, the number of retirements is still the largest in at least the last five years and marks continuing escalation. In 2003, 50,643 full-time permanent employees retired, up from 41,905 in 2002, and 41,543 in 2001. The numbers in these years are lower than those predicted by OPM, an indication says Shawn Zeller of Govexec.com that employees are working longer after reaching retirement eligibility than they have in the past.

This could prove to be a good sign as agencies seek to replace aging managers. Due to a hiring drought in the 1990s, many agencies were not able to maintain a pipeline of future leaders. Between 1988 and 2003, the age of the average federal employee grew from 42 to nearly 46. From 1990 to 2003, the age of the average senior executive increased from 50.7 to 53.1. With budget cuts likely in the coming years, and the retirement wave gaining strength, agencies will have their hands full replacing retiring employees. The percentage with 20 or more years of experience continues to hover around 38 percent.

It appears that the economic downturn the past couple of years might have kept the retirement exodus at bay, but as the economy recovers, most agencies will have a harder time filling the gaps.

Zeller notes that the number of employees who lost jobs because of misconduct or poor performance dropped 17 percent, from 8,196 in 2003 to 6,768 last year. However, the Defense and Homeland Security departments, in designing new personnel systems, have sought to make it easier to fire poor performers, so that number may rise again in coming years.

To read the full article, link to http://www.govexec.com/dailyfed/0305/030105sz1.htm

Job Satisfaction in the United States is Falling, Conference Board Reports
Americans are growing increasingly unhappy with their jobs, the Conference Board recently reported. The decline in job satisfaction is widespread among workers of all ages and across all income brackets. Half of all Americans say they are satisfied with their jobs, down from nearly 60 percent in 1995. But among the 50 percent who say they are content, only 14 percent say they are "very satisfied."

"Rapid technological changes, rising productivity demands and changing employee expectations have all contributed to the decline in job satisfaction," says Lynn Franco, Director of The Conference Board's Consumer Research Center. "As large numbers of baby boomers prepare to leave the workforce, they will be increasingly replaced by younger workers, who tend to be as dissatisfied with their jobs, but have different attitudes and expectations about the role of work in their lives. This transition will present a new challenge for employers."

The survey finds that job satisfaction has declined across all income brackets in the last nine years. While 55 percent of workers earning more than $50,000 are satisfied with their jobs, only 14 percent claim they are very satisfied. At the other end of the pay scale (workers earning less than $15,000), about 45 percent of workers are satisfied, but only 17 percent express a strong level of satisfaction.

The survey also finds that employees are least satisfied with their companies' bonus plans, promotion policies, health plans and pensions. The majority are most satisfied with their commutes to work and their relationships with colleagues.

The report is based on a representative sample of 5,000 U.S. households, conducted for the board by TNS, a leading market information company.

Disenchantment With Forced Ranking Performance Management Systems
Today, most organizations incorporate some form of forced ranking to evaluate employee performance. While forced ranking provides a way to differentiate performance, this research study from Novations, a global professional services firm, found that it also comes with significant costs. The human resource professionals who participated in the study reported some serious misgivings about forced ranking achieving what it sets out to do. In this research paper, Novations presents an alternative approach - an approach that creates a climate that supports learning and development, rather than one that creates a culture that fears failure and risk-taking.

To read the full report, link to: http://www.novations.com/novations/_Rainbow/Documents/MM_Research.pdf

California Governor Retreating on Privatizing Public Pensions
The Los Angeles Times reported March 3, that Governor Schwarzenegger (R) is "softening" his position on privatizing pensions. Governor Schwarzenegger was strongly in favor of moving newly-hired state employees into 401(k)-type plans.

He is currently traveling the state in an effort to gather support for a ballot initiative that would end the public pension system for state employees. According to the state attorney general's office, the ballot initiative would drastically reduce death and disability benefits for police and firefighters, drawing criticism from public safety unions.

As a result, the Schwarzenegger Administration said it would consider other proposals to reform the pension system as long as it saves the state money. Schwarzenegger said he would continue to support the ballot initiative as a way to get lawmakers to work with him on pension reform. To read the article: http://www.latimes.com/news/local/la-me-budget3mar03,0,4403590.story?coll=la-home-headlines

 

SITES OF INTEREST ON THE WEB

Violence on the Job
[STREAMING VIDEO]
http://www.cdc.gov/niosh/docs/video/violence.html

Program #1 Violence on the Job
Program #2 Violence on the Job Case Study

(DVD Pub. No.: 2004-100d )
This video discusses practical measures for identifying risk factors for violence at work, and taking strategic action to keep employees safe. It is based on extensive NIOSH research, supplemented with information from other authoritative sources. Year: 2004

Total running time: 27 min (combined)

Audience: Human resources professionals, Managers in health care, social services, retail, transportation, Security consultants and Insurers

See Also- Occupational Violence http://www.cdc.gov/niosh/injury/traumaviolence.html

Monthly Labor Review Online
December 2004
Vol. 127, Number 12
http://www.bls.gov/opub/mlr/mlrhome.htm

What Can Time-use Data Tell Us About Hours of Work?
Harley Frazis and Jay Stewart
http://www.bls.gov/opub/mlr/2004/12/art1full.pdf
[full-text, 7 pages]

Occupational Injury and Illness: New Recordkeeping Requirements
William J. Wiatrowski
http://www.bls.gov/opub/mlr/2004/12/art2full.pdf
[full-text, 15 pages]

Hedonic Regression Models Using In-house and Out-of-house Data
Craig Brown
http://www.bls.gov/opub/mlr/2004/12/art3full.pdf
[full-text, 14 pages]

New and Emerging Occupations
http://www.bls.gov/opub/mlr/2004/12/ressum1.pdf
[full-text, 4 pages]

Fatal Occupational Injuries at Road Construction Sites
http://www.bls.gov/opub/mlr/2004/12/ressum2.pdf
[full-text, 5 pages]

Hewitt Survey Reveals New Employer Trends in Retirement
Concern Over Inadequacy of Employee Retirement Saving Makes Communication, Education and Automation Tools Key Priorities for 2005

http://was4.hewitt.com/hewitt/resource/newsroom/pressrel/2005/01-18-05.htm

LINCOLNSHIRE, Ill. -- As many employees continue to underutilize their 401(k) plans, companies are becoming increasingly concerned that their employees arent up to the challenge of assuming responsibility for their own retirement savings, according to a new survey by Hewitt Associates, a global human resources services firm. To address these concerns, employers are stepping up their efforts in 2005 to educate and make it easier for employees to effectively participate in their 401(k) plans.

Hewitts survey of nearly 200 large companies reveals that only 18 percent feel confident that their employees will retire with sufficient retirement assets. Even less (12 percent) feel confident that their employees even understand their retirement benefits and are taking responsibility for their retirement future.

AN EXECUTIVE PERSPECTIVE ON WORKFORCE PLANNING
Robert M. Emmerichs, Cheryl Y. Marcum, Albert A. Robbert.
"MR-1684/2." Includes bibliographical references.
ISBN 0-8330-3453-7

http://www.rand.org/publications/MR/MR1684.2/MR1684.2.pdf
[full-text, 60 pages]

ABSTRACT: Workforce planning is an activity intended to ensure that investment in human capital results in the timely capability to effectively carry out an organizations strategic intent. This report examines how corporate executives can provide guidance from the top of the organization to the business units that actually carry out the organization's activities so that the strategic is successfully realized.

[Excerpt] This report will be of interest to executives in the DoD acquisition and human resource management communities as the workforce planning activity continues to mature. In addition, it is oriented and will be more generally of interest to other executives-both within and outside the DoD-whose organizations and functions face a similar need for workforce planning.

SUMMARY
http://www.rand.org/publications/MR/MR1684.2/MR1684.2.sum.pdf
[full-text, 9 pages]

Related Publications:
An Operational Process for Workforce Planning
http://www.rand.org/publications/MR/MR1684.1/MR1684.1.pdf
[full-text, 78 pages]

Research Brief:
Workforce Planning in Complex Organizations
http://www.rand.org/publications/RB/RB7570/

Compensation and Working Conditions Online, January 2005 http://www.bls.gov/opub/cwc/home.htm

2004 Annual Averages of Labor Force Statistics (from the Current Population Survey)

Includes EMPLOYMENT STATUS

  • Employment status of the civilian non-institutional population, 1940 to date
  • Employment status of the civilian non-institutional population 16 years and over by sex, 1971 to date
  • Employment status of the civilian non-institutional population by age, sex, and race
  • Employment status of the Hispanic or Latino population by age and sex
  • Employment status of the civilian non-institutional population by sex, age, and race
  • Employment status of the Hispanic or Latino population by sex, age and detailed ethnic group
  • Employment status of the civilian non-institutional population 25 years and over by educational attainment, sex, race, and Hispanic or Latino ethnicity
  • Employed and unemployed full- and part-time workers by age, sex, race and Hispanic or Latino ethnicity

http://www.bls.gov/cps/home.htm#annual

 
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