| Special #52 - July 16, 2020 |
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GEA's upcoming Live Webinars Overview will be provided on the Zoom Webinar registration page Cost only $49 each Webinar (Payments processed by PayPal)
1. Managing Toxic & Other Employees Who Have Attitude Issues Date - Wednesday, July 29, 2020 Time - 1:00 AM – 2:00 AM EDT 2. Creating a Strategic Plan that Addresses Your Organization’s Most Critical Issues Date - Thursday, July 30, 2020 Time - 1:00 PM – 2:00 PM EDT
3. Utilizing HR Metrics to Illustrate & Enhance HR's Contribution Date - Tuesday, August 11, 2020 Time - 1:00 PM – 2:00 PM EDT
4. Transitioning from a Traditional Manager to a Strategic Leader Date - Friday, August 14, 2020 Time - 11:00 AM – 12:00 PM EDT
5. Effectively Leading a Customer Service Team Date - Thursday, August 20, 2020 Time - 11:00 AM – 12:00 PM EDT
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Mark Your Calenders
Georgia Employers' Association's 2020 Annual Conference at The Westin Harbor Golf Resort and Spa
Conference will be held on September 27 – 29, 2020
Title: 2020 Vision - A Decade for Change
Please contact us if you have any questions. Registration will start soon.
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- ¶47,127 CDC updates address COVID-19 testing for employers — PRACTICE TIP, (Jul. 14, 2020)
- 740+ Make Georgia Safety Promise JULY 16, 2020
- Statement on Atlanta Reverting to "Phase One" JULY 13, 2020
- Constangy.com : News & Analysis - OSHA issues new FAQs on reporting coronavirus cases 7.16.20
- Chris Clark: What You Can Do As COVID-19 Continues Chris Clark / GA Chamber CEO Monday, July 6th, 2020
- ¶47,132 Full Appropriations Committee greenlights FY 2021 funding with more for DOL, NLRB than Trump wanted — FEDERAL NEWS,(Jul. 16, 2020)
- The U.S. Department of Labor’s Wage and Hour Division (WHD) today announced significant steps to improve workers’ and employers’ experiences with the use of the Family and Medical Leave Act (FMLA).
- HRDive Article: Diversity work grew out of HR, one source told HR Dive, and it's now blossoming into an integral business function. AUTHOR Pamela DeLoatch
PUBLISHED July 15, 2020
- Georgia Department of Public Health COVID-19 Daily Status Report
- Update on our 2020 Annual Conference at The Westin Harbor Golf Resort and Spa
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| | | | ¶47,127 CDC updates address COVID-19 testing for employers — PRACTICE TIP, Written by Pamela Wolf, J.D
(Jul. 14, 2020)
On July 2 and 3, the CDC updated its website to provide information related to recommended testing for SARS-CoV-2, the virus that causes COVID-19, for five different categories of populations. The agency also provided information targeted to employers, which should be helpful across the board, whether the employer has remained open throughout the pandemic, recently reopened, or is contemplating reopening with appropriate safety measures in place.
Five testing populations. The CDC identified these five testing categories, describing the populations for which SARS-CoV-2 testing with viral tests (i.e., nucleic acid or antigen tests) is appropriate:
1. Individuals with signs or symptoms consistent with COVID-19;
2. Asymptomatic individuals with recent known or suspected exposure to control transmission;
3. Asymptomatic individuals without known or suspected exposure for early identification in special settings;
4. Individuals being tested to determine resolution of infection (i.e., test-based strategy for Discontinuation of Transmission-based Precautions, HCP Return to Work, and Discontinuation of Home Isolation); and
5. Individuals being tested for purposes of public health surveillance.
Diagnostic testing. The CDC explained that, generally, viral testing for SARS-CoV-2 is "diagnostic" when conducted among individuals with symptoms consistent with COVID-19 or among asymptomatic individuals with known or suspected recent exposure to SARS-CoV-2 to control transmission, or to determine resolution of infection.
Screening and surveillance. On the other hand, viral testing is "screening" when it is conducted among asymptomatic individuals without known or suspected exposure to SARS-CoV-2 for early identification, and "surveillance" when conducted among asymptomatic individuals to detect transmission hot spots or characterize disease trends.
Testing for those with signs and symptoms. As to testing individuals with signs or symptoms consistent with COVID-19, the CDC said that employers may consider conducting daily in-person or virtual health checks (e.g., symptom and/or temperature screening) to identify employees with signs or symptoms consistent with COVID-19 before they enter a facility, in accordance with CDC’s General Business FAQs.
Immediate separation. Workers with COVID-19 symptoms should be immediately separated from other employees, customers, and visitors, and sent home or to a healthcare facility, depending on how severe their symptoms are.
Screening should be private. To prevent stigma and discrimination in the workplace, the CDC recommends that employee health screenings be made as private as possible. Consistent with CDC’s recommendations, workers with COVID-19 symptoms should be referred to a healthcare provider for evaluation and potential testing. Preferably, the test results should be received before the worker returns in order to keep potentially infected workers out of the workplace.
Flexible sick leave and supportive policies. The CDC encouraged employers to implement flexible sick leave and supportive policies and practices as part of a comprehensive approach to prevent and reduce transmission among employees. Here the agency pointed to the Families First Coronavirus Response Act and its requirements.
Positive tests. The agency reminded employers that positive test results using a viral test means that the employee has COVID-19 and should not come to work, but instead should isolate at home. Decisions to discontinue home isolation for workers with COVID-19 and allow them to return to work may follow either a symptom-based, time-based, or a test-based strategy.
Asymptomatic with known or suspected exposure. Where a person is asymptomatic but has had recent known or suspected exposure, to control transmission, the case investigation is typically initiated when a health department receives a lab report of a positive viral test result or a healthcare provider report of a patient with a confirmed or probable diagnosis.
Close contacts. The CDC recommends viral testing for all close contacts of persons with COVID-19. Because of the potential for asymptomatic and pre-symptomatic transmission, it is important that individuals exposed to people with known or suspected COVID-19 be quickly identified and quarantined. Here, the CDC encouraged employers to work with public health departments investigating cases of COVID-19 and tracing contacts to help reduce the spread in their workplaces and communities.
Serial testing. The agency noted that because there may be a delay between the time of the person’s exposure and the time that the virus can be detected by testing, early testing after exposure at a single time point may miss many infections. Testing repeated at different points in time (serial testing) may be more likely to detect infection among close contacts of a COVID-19 case than testing done at a single point in time.
Other preventative measures. Even where close contacts are monitored with serial testing, it is critical that other preventive measures are strictly adhered to, including social distancing, wearing cloth face coverings for source control where the hazard assessment concludes they do not require personal protective equipment, such as a respirator or medical facemask for protection, and practicing hand hygiene.
Collaborating with health department. The CDC also suggested considering testing for possible close contacts of persons diagnosed with COVID-19 in collaboration with the local health department, where resources permit. A risk-based approach to testing possible contacts of a person with confirmed COVID-19 may be applied. This approach would take into consideration the likelihood of exposure, which is affected by the characteristics of the workplace, and the results of contact investigations.
Broader testing. Broader testing (beyond individually identified close contacts to those who are possible close contacts), may be considering in some settings to control workplace transmission, such as targeting workers who worked in the same area and during the same shift. Here, the rationale is that identification of contacts may be imprecise.
High-risk settings. The CDC pointed to high-risk settings that have demonstrated potential for rapid and widespread dissemination of SARS-CoV-2:
- Workplaces where employees live in congregate settings (e.g., fishing vessels, offshore oil platforms, farmworker housing, or wildland firefighter camps); and
- Workplaces with populations at risk for severe illness if they are infected, such as nursing homes.
- Asymptomatic without known or suspected exposure. Turning to testing of individuals who are asymptomatic without known or suspected exposure to the virus, the CDC said that viral testing may be useful to detect COVID-19 early and stop transmission quickly, particularly in areas with moderate to substantial community transmission In those areas, workplace settings for which these approaches may be considered include:
- Workplaces where physical distancing is difficult and workers are in close contact (within six feet for 15 minutes or more) with coworkers or the public;
- Workplaces in remote settings where medical evaluation or treatment may be delayed;
- Workplaces where continuity of operations is a high priority (e.g., critical infrastructure sectors); and
- Workplaces providing congregate housing for employees (e.g. fishing vessels, offshore oil platforms, farmworker housing, or wildland firefighter camps).\
Testing approaches. Here the approaches may include initial testing of all workersbefore entering a workplace, periodic testing of workers at regular intervals, and/or targeted testing of new workers or those returning from a prolonged absence.
- These factors may be helpful in determining the interval for periodic testing:
- The availability of testing;
- The latency between exposure and development of a positive viral test;
- Businesses that fall into one of the workplace categories described above;
- The rate or change in rate of people getting infected in the surrounding community;
- The number of employees who tested positive during previous rounds of testing; and
- Relevant experience with workplace outbreaks
Before testing a large group of asymptomatic workers without known or suspected exposure, employers should have a plan in place for how they will modify operations based on test results and manage a higher risk of false positive results in a low-prevalence population.
Determining resolution of infection. As to testing conducted to determine resolution of infection, the CDC said that the decision to discontinue home isolation and return to work for employees with suspected or confirmed COVID-19 should be made in the context of local circumstances. Options include a symptom-based (time-since-illness-onset and time-since-recovery strategy), time-based, or a test-based strategy. The agency also noted that viral tests have detected viral RNA in some people’s respiratory samples after they have recovered from COVID-19. The determination of which strategy to use should be made in consultation with healthcare providers and public health professionals.
Health provider documentation. The CDC reminded employers that under the ADA, they are permitted to require a healthcare provider’s note to verify that employees are healthy and able to return to work. But, practically speaking, healthcare provider offices and medical facilities may be extremely busy during periods of community transmission and may not be able to provide documentation in a timely manner. In those cases, employers should consider not requiring a healthcare provider’s note for employees who are sick to validate their illness, qualify for sick leave, or to return to work. The agency observed that most people with COVID-19 have mild illness, can recover at home without medical care, and can follow CDC recommendations to determine when to discontinue home isolation and return to work.
Public health surveillance. Turning to public health surveillance, which is conducted to detect transmission hot spots, or to better understand disease trends in a workplace, the CDC said these goals are consistent with employer-based occupational medicine surveillance programs. These programs may use testing to assess:
- The burden of SARS-CoV-2 in the workforce;
- Assess factors that place employees at risk for workplace acquisition of SARS-CoV-2; or
- Evaluate the effectiveness of workplace infection control programs.
The CDC said that surveillance should only be undertaken when the results have a reasonable likelihood of benefiting workers.
Source: Written by Pamela Wolf, J.D.
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| | | Governors Kemp New Executive order
Providing additional guidance for Empowering a Healthy Georgia in response to COVID-19 Link to Governors executive orders website here.
JULY 16, 2020
Atlanta, GA – Governor Brian P. Kemp today announced that 744 Georgia businesses, local authorities, officials, and individuals from across the state have committed to the Georgia Safety Promise. Launched a little over a week ago, the Georgia Safety Promise is a public-private partnership and safety campaign to remind Georgia businesses and the public of the importance of following COVID-19 safety guidelines by agreeing to simple - yet critical - measures that help protect Georgians from COVID-19, minimize spread of the virus, and keep Georgia open for business.
"As we work to slow the spread and continue fighting COVID-19, the cooperation of countless businesses, community groups, and individuals is crucial to our success as a state," said Governor Kemp. "With great businesses across Georgia leading the way, the Georgia Safety Promise unites leaders throughout the state under one common purpose: to do what is necessary to keep our citizens healthy and our state safely open for business. I am grateful for the partnership of so many who have made the promise to keep Georgians safe by promoting best practices and following the guidance of public health officials. With their help, I know we will emerge from this challenge stronger than ever."
Businesses that commit to the Georgia Safety Promise voluntarily agree to follow the latest guidelines and best practices from the Governor’s Office and the Georgia Department of Public Health. Participating Georgia businesses will receive a full digital toolkit of resources to share their commitment, including social media posts, signage for their business, and more. Bringing together the public and private sectors, the campaign encourages all Georgians to do their part to follow Department of Public Health guidelines to help keep themselves, their families, and others safe by wearing masks, maintaining a safe social distance, and regularly washing and sanitizing their hands.
In addition to signage in participating businesses, the Georgia Safety Promise campaign is being promoted on digital billboards around the state through the Outdoor Advertising Association of Georgia.
“Georgia has built numerous success stories on public-private partnerships, and the Georgia Safety Promise is a new partnership and an important step toward keeping Georgians safe and our state’s businesses open,” said Georgia Department of Economic Development Commissioner Pat Wilson. “Consumer confidence and responsible activity are critical to success, and we appreciate the Georgia Department of Public Health, our partners, and all businesses taking steps to keep employees and patrons healthy.”
To learn more and make the Georgia Safety Promise, visit www.GeorgiaSafetyPromise.com
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Statement on Atlanta Reverting to "Phase One"
JULY 13, 2020
Atlanta, GA – Following Mayor Bottoms' confusing guidance about the City of Atlanta reverting to "Phase One" during the COVID-19 pandemic, the Governor's Office issued the following statement:
"Mayor Bottoms' action today is merely guidance - both non-binding and legally unenforceable. As clearly stated in the Governor's executive order, no local action can be more or less restrictive, and that rule applies statewide. Once again, if the Mayor actually wants to flatten the curve in Atlanta, she should start enforcing state restrictions, which she has failed to do. We ask citizens and businesses alike to comply with the terms of the Governor's order, which was crafted in conjunction with state public health officials. These common-sense measures will help protect the lives and livelihoods of all Georgians."
You can read Executive Order 06.29.20.02 here.
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| | Constangy.com News & Analysis - OSHA issues new FAQs on reporting coronavirus cases
7.16.20 The Occupational Safety and Health Administration has issued new Frequently Asked Questions addressing when employers governed by the federal agency must report work-related cases of COVID-19. The most significant new information concerns the circumstances under which an employer must report to OSHA when an employee is hospitalized as a result of contracting COVID-19 at work.
Under § 1904.39(b)(6), employers are required to report an inpatient hospitalization only if the hospital admission “occurs within twenty-four (24) hours of the work-related incident.” Although the reference to a “work-related incident” seemingly refers to an event or accident, this is the only regulation that describes the specific circumstances under which an admission to a hospital must be reported. Therefore, before the new FAQ, employers understood that hospitalization for an illness, like COVID-19, would have to occur within 24 hours of the last exposure at work to whatever caused or contributed to the illness, which presumably would be the last day the employee reported to work.
With the new FAQ, OSHA has effectively disregarded its existing recordkeeping regulation and has created a new requirement. Under federal administrative procedures law, however, OSHA cannot create or change rules unless it first advises the regulated public of a proposed new rule and allows the public to weigh in on the proposal. As noted, OSHA has not done this, but has instead simply announced a new substantive requirement setting out when COVID-19-related hospitalizations must be reported.
Under the new FAQ, an employer must report COVID-19-related hospitalizations when the employer has knowledge that 1) the employee has been hospitalized 2) as a result of COVID-19. Thus, contrary to the existing recordkeeping regulation on reporting, which requires a case to be reported only if the hospitalization occurs within 24 hours of a work-related incident, the new FAQ requires employers to report COVID-19-related hospitalizations to OSHA no matter how many days passed since the employee was last exposed to coronavirus at work.
For example, in a typical scenario, an employee reports symptoms that may be related to COVID-19 and is directed to stay out of work. Days later the employer learns that the employee has been hospitalized, apparently due to worsening symptoms. The employer does not have actual knowledge whether the employee has tested positive for COVID-19 and may never receive actual notification of that status because of the privacy rule of the Health Insurance Portability and Accountability Act or other privacy protections. Under the new FAQ, when the employer learns that the employee has been admitted into a hospital as a result of COVID-19 and has presumably tested positive, the employer must report this case to OSHA within 24 hours, regardless of when the employee was last exposed to the virus at work. OSHA further notes that if an employee is hospitalized with what is apparently work-related COVID-19, but the case is not confirmed until after the hospitalization, the employer would have to report the case to OSHA within 24 hours of when the employer learned that the case of COVID-19 had been confirmed. OSHA says that a confirmed case means that “at least one sample tested positive for SARS-CoV-2.”
The FAQ does not afford as much clarity as the Agency may think, because, as noted, it is not clear that employers would receive any formal confirmation of a positive test.
For those of you who wish to stay out of trouble and avoid a citation for untimely reporting, it is prudent to report to OSHA within 24 hours of when you learn of a COVID-19-related admission to a hospital. But if you inadvertently miss this new deadline, we advise against conceding that there has been a violation of your obligation to report to OSHA when there has been a hospitalization. If that hospitalization occurred more than 24 hours after the “work-related incident,” then we believe that as a matter of law the rule in § 1904.39(b)(6) still controls and does not require reporting.
For a printer-friendly copy, click here. |
| | | | Chris Clark: What You Can Do As COVID-19 Continues
Chris Clark / GA Chamber CEO
Monday, July 6th, 2020
Political pundits and healthcare researchers can argue second wave or simply a continuation of the original COVID-19 pandemic. However, the fact remains that the virus which hit us so hard in the spring continues to be a potent force as we head into the summer months.
In recent weeks, media turned its attention to the important concerns of inequality and racism, but Georgians continue to deal with the day-to-day impacts of a recession and a spreading health threat.
Governor Kemp, Dr. Toomey and the state’s emergency response team have served us well, making tough calls, communicating consistently, and acting with transparency. They have listened and responded as great leaders do in difficult times.
The state of Georgia, in partnership with healthcare organizations and the Georgia National Guard, is continuing to expand testing and develop better treatment. The Georgia Department of Public Health continues to push education and the need for effective contact tracing protocols as it works with the education system and post-secondary institutions to plan and adapt for an uncertain future. But, as with most day-to-day challenges, Government can only do its part to protect, serve and foster a safe environment. Grand lockdown strategies are not reasonable for the long-term. And, at some point, as we move into the second phase of this global health crisis, businesses and individuals must take greater responsibility. In order to flatten the curve, keep businesses open, and protect families, we must act with resolve.
So, what can we do? First, understand that knowledge is power, and we know much more about COVID-19 now than we did just a few months ago. We know that poorly ventilated areas and close contact spread the virus more rapidly than any other means. We know that younger people are now seeing a spike and rural areas are starting to see additional cases. We know that prolonged exposure is problematic. We know researchers are making progress on unraveling the virus. However, we also know that coordinated leadership, as witnessed in Albany, can turn the tide when we view the matter of global health as a non-partisan issue.
So how do individuals and businesses take greater responsibility? Here are a few simple ways in which we can do our part:
Masks matter. A recent Health Affairs study showed that the wearing of masks has prevented half-a-million cases just in the last few months. Wearing a mask is not a political statement, but it does demonstrate a priority for wellness. Consumer confidence is gained through this simple, but effective, measure.
Educate your employees. Research shows that customers and employees want training on COVID-19 protections and clients want to see verification of that training. The Georgia Chamber is partnering with Unified Standards to offer a certified COVID-19 preparedness training program across a range of 17 industry sectors from hospitality to manufacturing. These training videos, available in both English and Spanish, will allow our employees to comply with health guidance standards issued by the CDC and Georgia Department of Public Health. It will also restore the customers’ confidence. To learn more, go to gachamber.com/covid19.
Consistent communication is vital. We must actively and daily remind our team members that this virus is very real and will continue to be a threat for the foreseeable future. Ignoring the problem or falling back into old patterns can be costly to society, to our employees and to our businesses. Do not run that risk. Make precaution priority and communicate effectively.
Maintain a sense of urgency. Complacency is deadly. Do not encourage bad behavior or facilitate activities that are counter to CDC guidelines. Be smart and proactive in all matters related to this virus and public safety.
Build resiliency. The Georgia Chamber is working around the clock through its Recovery and Resiliency Initiative to help companies, big and small, rural, and urban, adopt new policies, strategies, and protocols to become more agile and forward thinking in their day-to-day operations. It is our goal to move through recovery to a more resilient and sustainable economy of the future.
In the end, no matter our business model or industry sector, every business is now in the business of health and safety. We must all maintain vigilance and prioritize the wellness of clients, customers, and employees. So, let us all go forward to be good corporate stewards and citizens of the public trust. To learn more, go to gachamber.com.
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| | | ¶47,132 Full Appropriations Committee greenlights FY 2021 funding with more for DOL, NLRB than Trump wanted — FEDERAL NEWS,
(Jul. 16, 2020)
from GEA's HR answers now Written by Pamela Wolf, J.D.
On July 13, the House Appropriations Committee gave a green light to the fiscal year (FY) 2021 Labor, Health and Human Services, Education, and Related Agencies bill by a 30-22 vote. The legislation includes funding for programs at the Departments of Labor, Health and Human Services, Education, and other related agencies, including the Social Security Administration.
DOL and NLRB funding. The full committee version of the bill retained the funding approved on July 9 by the Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies (LHHS), which would give $12.7 billion to the Labor Department and $278 million to the National Labor Relations Board—$1.6 billion and $31 million, respectively, above President Trump’s budget request (see LHHS subcommittee approves $196.5B in FY 2021 funding, with $127B earmarked for the DOL, July 9, 2020). The DOL funding is $254 million more than the FY 2020-enacted level, while the NLRB appropriation is an increase of $4 million above the FY 2020-enacted level.
Amendments. The full committee also adopted a manager’s amendment that makes "technical and noncontroversial changes," as well as an amendment that directs the HHS Secretary to create guidelines for employer-sponsored health plans to submit annual public compliance reports related to coverage of mental and behavioral health services.
Overall funding. For FY 2021, the appropriations legislation includes $196.5 billion in overall funding—$2.4 billion more that the FY 2020-enacted level, and $20.8 billion above the President Trump’s 2021 budget request, after accounting for offsets and adjustments.
Pandemic help. Notably, to rebuild the aging U.S. public health infrastructure, the bill would earmark $24.425 billion in emergency spending to support state and local public health departments, public health laboratories, and global health activities, all of which are critical to national resilience from current and future public health threats. The bill also includes contingency funding to help states meet unanticipated unemployment insurance workloads.
"This spending bill determines the critical federal investments in health, labor, human services, and education, and builds on this subcommittee’s efforts at the center of the health and economic crises, both of which have exposed serious disparities," LHHS Subcommittee Chairwoman Rosa DeLauro said in a statement. "This legislation builds upon our previous emergency and supplemental response packages and represents our critical work to defeat the coronavirus, not surrender to it."
Source: Written by Pamela Wolf, J.D.
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The U.S. Department of Labor’s Wage and Hour Division (WHD) today announced significant steps to improve workers’ and employers’ experiences with the use of the Family and Medical Leave Act (FMLA). WHD announced that it will publish a Request for Information (RFI) in the Federal Register seeking the public’s feedback on the administration and use of the law, and unveiled revised, streamlined optional forms that employers and workers can use when applying for and coordinating FMLA leave.
The Department continually reviews its policies in order to ensure its regulations remain current with changes in the workplace. The RFI solicits feedback on any specific challenges or best practices in the use or administration of FMLA leave. Information from the public about what is and is not working well in the administration of the FMLA will help the Department identify topics about which additional compliance assistance would be helpful, including opportunities for outreach to ensure employers are aware of their obligations under the law and employees understand their rights and responsibilities in using FMLA leave.
The new optional forms are simpler and easier to understand for employers, leave administrators, healthcare providers, and employees seeking leave. WHD made revisions after substantial input from the public. Significant updates include fewer questions that require written responses, replaced by statements that can be completed by checking a box, and – in support of minimized contact – electronic signature features. The changes reduce the amount of time it takes a healthcare provider to provide information, and help leave administrators review and communicate information to employees more directly and with greater clarity, reducing the likelihood of violations.
For more information about the FMLA and other laws enforced by the Wage and Hour Division, contact the Division’s toll-free helpline at 1-866-4US-WAGE (487-9243). Information is also available at www.dol.gov/agencies/whd.
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| | | | | HRDive Article: The D&I profession, long on the rise, now has 'once-in-a-career' momentum
Diversity work grew out of HR, one source told HR Dive, and it's now blossoming into an integral business function.
AUTHOR Pamela DeLoatch
PUBLISHED July 15, 2020
The killing of George Floyd and the protests that followed created a global spotlight on longstanding racial justice issues, and employers were not exempt from that scrutiny. Now, employees and consumers alike are calling on leaders to address racism and discrimination within their organizations.
Many companies appear to be heeding such calls. Some have taken a step forward by hiring or expanding the role of the diversity and inclusion (D&I) executive. In May, for example, Zoom Video Communications announced it had hired the company's first chief diversity officer. In June, The Washington Post said it would create new diversity leadership positions throughout its business and news sides.
The D&I leadership position has evolved since its inception and continues to develop today. With the current social climate, organizations may find their need for — and expectations of — these leaders to be growing quickly.
D&I: Not a new kid on the block
Despite the sudden uptick in interest in D&I as a business function, it's not new, said Haven Cockerham, CEO and founder of Cockerham and Associates, which provides strategic consulting and technology services related to diversity. "Diversity work grew out of affirmative action, [equal employment opportunity laws] and HR," he told HR Dive in an interview. But affirmative action met only minimum governmental standards, and diversity work evolved as a voluntary action by professionals who wanted to see more significant improvement and sustainability.
Cockerham has worked in diversity for 40 years, but hiring D&I professionals has blossomed in the last 10. According to ZoomInfo, a business-to-business database, less than 500 companies had someone on their payrolls with the words diversity or inclusivity in their titles before 2010. But by 2018, that number soared past 2,000. In the last five years, companies have increased hiring executives with diversity and inclusion titles by 113%.
Despite the increase in hiring, progress in achieving diversity, and inclusion has been slow. According to Fortune, only five Fortune 500 companies have a Black CEO in 2020. The disparity isn't limited to the C-suite. A study by Lean-In and McKinsey found that men and women of color make up significantly less of the corporate pipeline at every level, compared to their white male and female counterparts. White men made up 45% of managers and white women made up 27%, while men of color made up 17% and women of color made up 12%.
Reports of such disparities come alongside numerous studies that outline the business benefits of a diverse and inclusive workforce.
A tragedy brewed the perfect storm for change
Although Black and brown individuals have called for racial justice in businesses before, this time feels different, Katrina Jones, diversity and inclusion leader at Amazon Web Services Professional Services, told HR Dive in an interview.
It was a perfect storm that brought heightened attention to the issue, she said, with a pandemic, people sheltering in place, watching the news and seeing a series of murders of Black people. Floyd's death, captured on camera, may have impacted people differently. "This wasn't a shooting, which we are kind of numb to," she said. "This was a deliberate 'put the knee on his neck,' and you could hear his life expire in eight minutes and 46 seconds. You could hear him crying out."
This prompted companies to ask what the Black Lives Matter movement meant for their organizations, said Terrance Lockett, senior diversity program manager at Oracle Campus Talent Advisory. That led to employees self-reflecting and saying they wanted to be involved, he told HR Dive in an interview. "We recently had an [Employee Resource Group] meeting, and people were saying 'here's what I noticed about myself. Let me make efforts to change.'"
Growing opportunities, requirements for D&I pros
In this current climate, society seems ready for progress, Cockerham said. The increased number of phone calls he's received in the past two weeks from potential clients who want to improve their organizations is a sign, he said. And when society is ready to change, D&I leaders must also be prepared to lead, he added. "They have a once-in-a-lifetime, once-in-a-career opportunity to drive change and to drive it quickly," he said.
To do that, D&I practitioners need to focus on strategy, said Cockerham. While they may have been comfortable with the social side of diversity, such as establishing employee resource groups and building employee engagement, D&I professionals may be less familiar with the strategy side, Cockerham said. They need strategic leadership to understand the implications of initiatives and how to move and influence an organization. Leaders will also need analytical skills to determine how to create metrics and put them together in a way that matters. Lastly, D&I leaders need to perfect large scale organizational change capabilities to sustain and build progress, he added.
D&I practitioners need to watch for clients who only want surface-level diversity, Tony Wright, founder of Diversity Recruiters, told HR Dive. As a recruiter, this may mean calling out a client who isn't genuine about their desire to hire a minority. "Usually they'll say something like 'we got sued last year for XYZ, and if we don't hire someone, we'll get sued again'" or "'we need a Black person.'"
Wright said his company won't work with clients who harbor such attitudes. "The worst thing you can do is have diversity without inclusion," he said. That scenario is like asking someone to come to a dance, but when they do, they find no one will dance with them, he said. That person is only there for the optical illusion of diversity, he added.
D&I leaders must be prepared for uncomfortable conversations, said Lockett. "We always want to respect that people are in charge of their own opinions," Lockett said. At the same time, leaders must be aware that people in visible roles may be biased and prejudiced.
When D&I pros spot such signals, it's time for a candid conversation. "You might have to agree to disagree. You might have to monitor what's going on in their department," he said. On the other hand, it's an excellent opportunity to educate and share an appreciation for everyone's culture and history. "For African Americans, it is so important that the myths about culture are dispelled. There's more to our history than being slaves. How do you change that narrative and help [others] understand?"
D&I needs to grapple with structural changes, too, Jones said. "A lot of work has been done on how we fix people, make them better, teach them the system versus fixing the system," she said. "Instead of teaching Black employees to be more successful, what do we need to do internally to dismantle structural and cultural [barriers]? Do you have what you need specifically for yourself to grow and thrive?" General development programs don't address the needs and experiences people have who are not white and male, she said. "How do you overcome when there is resistance to your leadership? When microaggressions and biases show up? When you have a harder time influencing people or taking action because of an aspect of your identity?"
As the nationwide conversation on racial justice intensifies, D&I professionals inherit a growing responsibility.
"I've heard people say, 'we have to take advantage of this movement,'" Wright said. "It's disheartening, but I'm okay with it. It shouldn't take somebody getting killed to focus on equity. I'll take it because it gets us in this space where we can start to do something positive."
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| | | | Georgia Department of Public Health COVID-19 Daily Status Report For: 06/03/2020 Updated 3pm daily
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Georgia Employers' Association |
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