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Workplace Bullying

Are you being bullied at work? If you said yes, then you are not the only one. Times Business

(July 12, 2012) wrote that approximately one in four U.S. workers say they have been bullied

on the job. Times received their data from the Workplace Bulling Institute (WBI) (yes this is a

real institute) http://www.workplacebullying.org/wbiresearch/2010-wbi-national-survey/ ,

which took a few surveys in 2010 of American adult workers (4,210 respondents for survey 1

and 2,092 respondents for survey 2) and found the following:

35% of workers have experienced bullying firsthand

62% of bullies are men; 58% of targets are women

Women bullies target women in 80% of cases

Bullying is four times more prevalent than illegal harassment

The majority (68%) of bullying is same-gender harassment

Survey 1 defined bullying as “repeated, health harming abusive conduct committed by bosses

and coworkers” (WBI, 2010). Survey 2 defined workplace bullying as “repeated mistreat-

ment: sabotage by others that prevented work from getting done, verbal abuse, threatening

conduct, intimidation and humiliation” (WBI, 2010).

Survey 1 respondents were asked if they would support or oppose legislation on workplace

bullying to protect workers from abusive behavior. The support was more than two and half

times than those who opposed legislation. The legislation referred to is the Healthy Work-

place Bill (A 4258), which has been trying to get passed for a few years by a grassroots cam-

paign.

WBI reports on the Healthy Workplace Bill (A 4258) on their website, http://healthyworkplacebill.org/blog/2012-hwb/. The HWB, if passed will give employers the rea-son to terminate or sanction offenders, require plaintiffs to use private attorneys for cases, protect conscientious employers from indirect liability risk when internal correction and pre-vention tools are in effect and define an abusive work environment (http://www.healthyworkplacebill.org/bill.php ). If the Bill passes it will provide workers a legal platform for to sue the bully as an individual, hold the employer accountable, seek restora-tion of lost wages and benefits and force employers to prevent and correct future instances. Stay tuned to see what 2013 legislation brings for this interesting bill. Meanwhile if you are interested in preventing bullying in your organization a great book to read by Teresa A. Dan-iel, entitled Stop Bullying at Work: Strategies and Tools for HR and Legal Professionals (2009) ISBN: 9*78-1-58644-135-7 and can be found at the SHRM Store item # 61.16512. http://www.shrm.org/Publications/Books/Pages/StopBullyingatWork.aspx

Presidents Corner by: Rana Katsha, MS, PHR

Montgomery County SHRMMontgomery County SHRMMontgomery County SHRM S E P T E M B E R 2 0 1 2

MCSHRM

Calendar of Events

SEPTEMBER 19TH

MCSHRM Breakfast Meeting

The Universities at Shady Grove Conference and Events Center

7:00 am to 9:00 am

Avoiding the Boomer Drain

Approved for 1.5 HRCE General Credits!

Click here for more details

OCTOBER 17TH

MCSHRM DINNER MEETING

Gaithersburg Marriott at RIO

6:00 PM TO 8:30 PM

Getting What You Want: Setting and Maintaining

Boundaries with Others

Click here for more details

Sponsor a Meeting! Contact Robin Campbell at

campbellrob92@

yahoo.com

Sponsor a

Networking Event!

Contact Thomas Mathew

240-252-5785

V O L U M E 2 3 I S S U E 9

Legislative Affairs by: Darla McClure, Esquire

M O N T G O M E R Y C O U N T Y S H R M

Appellate Court Confirms EEOC’s Board Subpoena Power

The 4th Circuit recently held that the EEOC has broad subpoena power when faced with an employee

claim. The subject case involved a claim by an employee of a violation of the ADA and Title VII. The

EEOC issued a subpoena to the employer requesting a listing of all job assignments made from January

2005 to December 2009. The employer agreed to produce information regarding those jobs specifically

assigned to the complaining employee but otherwise refused to comply with the subpoena with regard

to all jobs arguing that the requested information was not related to the claim and in any event it was

unduly burdensome.

When attempting to enforce a subpoena, the EEOC is required to demonstrate to the Court only that 1)

it is authorized to make such an investigation, 2) it has complied with the statutory requirements of due

process, and 3) the materials it requested are relevant. With regard to relevancy, the Court held that

the EEOC may access “virtually any material that might cast light on the allegations against the employ-

er.” As for whether or not producing the material or information is unduly burdensome, that falls on the

employer. The employer in this case produced evidence in support of its argument that the request was

unduly burdensome in that it would take three employees 40 hours each for a total cost of approxi-

mately $19,000 to gather the material and information requested by the EEOC. Still, the Court ruled

against the employer and held that the subpoena was valid and enforceable. The Court said that to

prove that a request was unduly burdensome it must “threaten” or “seriously disrupt” the employer’s

business operations. This standard is very difficult to meet – especially for a larger employer. See Equal

Employment Opportunity Commission v. Randstad et al., 4th Circuit Case No. 11-1759, decided July 18,

2012.

Form I-9 to Expire August 31, 2012 by: Rob Maurer- Retrieved from SHRM Online

The current Employment Eligibility Verification Form, commonly referred to as Form I-9, expires Aug. 31, 2012. Once it

expires, what should employers do?

All U.S. employers must complete and retain a Form I-9 for all citizens and noncitizens they hire for employment in the

United States, according to the U.S. Citizenship and Immigration Services (USCIS).

At the time of this article, USCIS has not issued an updated or replacement form. In the past, the USCIS has allowed the

use of the expired I-9 form until a replacement form is announced. Employers should continue to use the current Form

I-9, which is available on the USCIS website, according to the agency.

“The standard procedure is for the form to be re-issued as is with an updated renewal date,” said Ann Cun, an immigra-

tion attorney and counsel for LawLogix Group, a provider of electronic I-9 compliance software. “I wouldn’t be sur-

prised if that’s what happens,” she told SHRM Online. “It will buy USCIS and the Office of Management and Budget

more time to eke out an updated form and then publish their findings

in the Federal Register.”

To continue reading the SHRM Online article, please click here.

P A G E 3 V O L U M E 2 3 I S S U E 9

Programs by: Robin Campbell, SPHR

Greetings!

The U.S. is facing a major demographic challenge. Last year, the oldest of the 77 million U.S. baby boomers turned 65 – the traditional retirement age – and about 10,000 more will be reaching that milestone every day during the next two decades. HR professionals should be examining whether their organizations can afford to lose that reservoir of talent-ed, experienced older workers in such a short time span.

Join us at our next chapter meeting to learn about Avoiding the Boomer Drain: HR Strategies and Best Practices, fea-turing Eric Peterson, Manager, Diversity and Inclusion Initiatives, SHRM. This program has been approved for 1.5 HRCI-General recertification credits.

Date and Time: September 19, 2012 7:00 a.m.—9:00 a.m.

Location: The Universities at Shady Grove Conference and Events Center, 9630 Gudelsky Drive, Rockville MD 20850

Cost: $20.00 MC SHRM Members

$30.00 Nonmembers

$35.00 Walk-ins

As Manager of Diversity and Inclusion Initiatives, Eric works directly with the Director of Diversity and Inclusion Initia-tives to position SHRM as a leader in the diversity management and inclusion field. He acts as a thought leader, cham-pion, and project lead in the design and implementation of innovative diversity strategies.

This session will look at key HR strategies that should be integrated into an overall talent management program for today’s multi-generational workforce. It will also look at lessons to be learned from recent research, including the 2012 SHRM-AARP Strategic Workforce Planning Poll, as well as best practices by organizations honored with AARP’s 2011 Best Employers for Workers over 50 Award.

You will also have the opportunity to participate in an important facilitated question and answer session led by rep-resentatives from AARP; we need to hear about how your organizations manage mature workers.

This meeting is being generously co-sponsored by:

AARP is a nonprofit, nonpartisan organization, with a membership of more than 37 million, that helps people 50+ have independence, choice and control in ways that are beneficial to them and society as a whole.

NASA Federal Credit Union – A Valuable FREE Benefit

Adding NASA Federal Credit Union to your comprehensive benefit package can help your company attract and retain valuable employees in a very competitive market. As a not-for-profit financial cooperative, we deliver exceptional fi-nancial value - with earnings returned to members in the form of higher dividends and lower loan rates - saving mem-bers hundreds, even thousands, of dollars annually,

For program details and to register for the meeting, please click here or visit http://mcshrm.shrm.org and click on Meetings and Events.

See you on September 19th!

August Chapter Meeting Summary by: Robin Marquart, PHR

M O N T G O M E R Y C O U N T Y S H R M

The August 15, 2012 chapter meeting began with networking, dinner and brief updates from the MCSHRM Board of Directors. We had two fantastic sponsors for the evening that shared the following resources/information:

Jackson Lewis – is providing a Government Contractor symposium in the coming months. If interest-ed in attending, please contact regan.harrison@jacksonlewis.com. The dates and locations are:

Wednesday, October 3, 2012 – Hyatt Regency Reston Town Center, VA

Friday, November 9, 2012 – Bethesda North Marriott, MD

UMUC shared details on their upcoming Advanced Executive Coaching Program by the Robert H. Smith School of Business. For more details on the program go to www.ehsmith.umd.edu/coaching

The meeting then continued with the educational component of our session led by Eraka Michelle Robert-son of MA’AT Enterprise and Management Dynamics. Entitled: Diversity: What’s the Focus Now? High-lights of the presentation included:

Biggest issues facing the business environment centered around diversity are:

Generational communication and understanding

Gender Identity

Obesity

Smokers Rights

Exercise to uncover opportunity within your business and find a solution was provided. An overview of the steps were as follows:

Identify emerging diversity issues in your organization

Identify the business case for the issue

Determine a personal truth/focus to identify the root cause of the issue and they move forward with developing plan of action

Research Suggests Strategic Approach to Developing Women by: Rebecca R. Hastings, SPHR Retrieved 8/31/12 from SHRM Online

To advance women around the world into leadership roles, business leaders should identify—and develop strate-

gies to counteract—specific barriers inhibiting the recruitment, promotion and retention of women at their or-

ganization, new research suggests.

The report by Boston Consulting Group (BCG), a global management consulting firm, finds that gender diversity

continues to be emphasized worldwide. Eighty-five percent of business leaders interviewed in 2012 see gender

diversity as a top priority, and 90 percent see a connection between diversity and their companies’ success.

Nevertheless, even in companies that are working proactively on diversity chal-

lenges, “the efforts to include women in senior roles leave room for improve-

ment,” according to Shattering the Glass Ceiling: An Analytical Approach to

Advancing Women into Leadership Roles, released in August 2012.

The report explores practices used by 44 companies around the world to devel-

op women. Among the participants are notable names such as Adidas, Ameri-

can Express, BMW and SAP.

To continue reading the SHRM online article, please click here.

P A G E 5

Department of Labor Audits Health Plans By: Insurance Benefits and Advisors

M O N T G O M E R Y C O U N T Y S H R M

Reminder: Department of Labor (DOL) Audits Health Plans to Ensure Compliance with the Patient Protection and Affordable Care Act (PPACA)

Audit for Plans Claiming Grandfathered Status

Required documents:

Disclosure statements regarding grandfathered status included in material distributed to participants and beneficiar-ies describing the benefits provided under the plan; and

Records documenting the terms of the plan on march 23, 2010, how long with any ancillary documents required to verify the status of the grandfathered plan.

Audit Requests for Plans Not Claiming Grandfathered Status

Required documents:

The plan’s choice provider disclosure notice, along with a list of participants who received that notice;

Documents relating to the plan’s emergency service benefits;

Documents relating to the preventative services for each plan year on or after September 23, 2010;

The plan’s internal claims and appeals procedures;

Notices relating to adverse benefit determinations, the plan’s final internal adverse determination notice, and the plan’s final external review determination notice; and

Contracts or agreements with independent review organizations or third-party administrators providing external review.

What Should Plan sponsors and Administrators Do?

Generally, plan sponsors and administrators must be able to demonstrate that their plans comply with PPACA, which re-quires documentary evidence. Written records of the steps to comply with PPACA since September 23, 2010, including de-tailed records of participation information and communications with participants about enrollment periods and coverage, should be retained in a readily accessible fashion. For example, plans should keep and be able to produce notices of coverage for children up to 26 years of age, and evidence of distribution. Likewise, any plan amendments or written policies that were adopted to implement PPACA mandates discussed above should be ready for production.

Incomplete or inadequate responses to these requests may lead to further inquiries from the DOL, such as site visits, inter-views, investigations and possible the DOL enforcement action and lawsuits by participants and beneficiaries. There are nu-merous penalties that the DOL may impose for failures to implement the health care reform requirements. If a company receives a DOL audit request, it should contact it’s legal counsel.

Lina M. Mendez | Client Services

Insurance Benefits and Advisors

7361 Calhoun Place

Suite 550

Rockville, MD. 20855

301-762-5372

service@insbenefits.com www.insbenefits.com

P A G E 6 V O L U M E 2 3 I S S U E 9

2011 Had Its Share of Wacky Work Stories by: Kathy Gurchiek SHRM Online

All-In-One Price Membership Promotion! We are happy to once again offer our All-in-One membership promotion starting in Sep-tember! The All-in-One price option conveniently bundles you annual membership dues and all 2013 monthly chapter meeting registrations into one price. Not only will you save money by bundling, you’ll save time by not having to complete a registration and pay for each meeting individually. Please see the details on the next page (page 7).

MCSHRM Seeks New Board Members!

Welcome New Members!

We are happy to welcome the following

new members.

No New Members

Membership Update by: Dawn Atwood, PHR

MCSHRM is seeking an enthusiastic and energetic member who would like to join the Board as the Program Director. The

position requires time and energy to perform the following job responsibilities:

This responsibility includes programs conducted at all regular meetings of the members, networking and social functions

sponsored by the Chapter as determined by the President and the Board and shall be responsible for making all members

aware of such meetings. He/she shall have the authority to appoint subcommittees to

plan and implement the activities associated with the program year. The Chapter re-

quires the Program Director to be a current member in good standing of SHRM during

his/her entire term of office.

If you are someone who likes to organize and plan events this is a great opportunity to

volunteer and give to your chapter. HRCI recertification credits can be earned for term

in office. Please email mcshrm@gmail.com or any of the board members if you would

like to apply for the position. The position is for 2012 and 2013 term year.

P A G E 7 V O L U M E 2 3 I S S U E 9

Tired of paying for your

membership and each

chapter meeting separately?

Can’t remember if you

already registered for an

upcoming chapter meeting?

Montgomery County SHRM Chapter

2013 Annual Membership and Monthly Meeting

All-in-One Price Option

Join / Renew

Individual Membership

Student Membership

Savings

Details

Sept 1, 2012 – Oct 31, 2012

$255 (annual membership + 12

monthly chapter meetings

= regular price $305)

$230 (annual membership + 12

monthly chapter meetings

= regular price $280)

$50 savings

New Members: Membership valid for remaining 2012 – Dec. 31, 2013

Includes paid registration for all 12 monthly

chapter meetings in 2013

Renewing Members: Membership valid until Dec. 31, 2013

Includes paid registration for all 12 monthly chapter

meetings in 2013

Nov 1, 2012 – Dec 31, 2012

$280 (annual membership + 12

monthly chapter meetings

= regular price $305)

$255 (annual membership + 12

monthly chapter meetings

= regular price $280)

$25 savings

New Members: Membership valid for remaining 2012 – Dec. 31, 2013

Includes paid registration for all 12 monthly chapter

meetings in 2013

Renewing Members: Membership valid until Dec. 31, 2013

Includes paid registration for all 12 monthly chapter

meetings in 2013

Jan 1, 2013 –

Jan 31, 2013

$305

$280

New & Renewing Members: Membership valid until Dec. 31, 2013

Includes paid registration for all 12 monthly chapter

meetings in 2013

After Feb 1, 2013

$50 Annual Membership Dues

Individual

Chapter Meeting Registrations

Paid Separately (Avg. $20 -

$30/meeting)

$25 Annual Membership Dues

Individual

Chapter Meeting Registrations

Paid Separately (Avg. $20 -

$30/meeting)

New & Renewing Members: Membership valid until Dec. 31, 2013

Annual membership dues and monthly chapter

meeting registrations paid separately at

mcshrm.shrm.org

The Fine Print:

MCSHRM Chapter members must also maintain an active National SHRM Membership Price does not include Professional Development Seminars, State Conference, Networking Events or any other programs outside

of monthly chapter meeting

MCSHRM Chapter membership expires on Dec. 31s

for all members. Members must renew chapter membership annually

No refunds

New members and renewing members may continue to pay the Annual Membership Dues and Chapter Meeting Registrations separately if desired. Information about chapter membership and monthly meetings can be found at MCSHRM.SHRM.ORG

Visit here to Join: http://mcshrm.shrm.org/join-now

Visit here to Renew: http://mcshrm.shrm.org/forms/membership-renewal-application

Best

Savings!

P A G E 8

Fiscal Responsibility

M O N T G O M E R Y C O U N T Y S H R M

Long Term Care Short Term Mess

Long Term Care insurance helps pay for the cost of long term care services. These policies typically pay out after the insured is unable to perform 2 out of 6 of the activities of daily living. on their own. Though it has been around for over 25 years, long term care insurance is still relatively young. As the cost of care rises and as baby boomers age we should be entering the “golden age” for long term care insurers. It is estimated 60% of individuals over 65 will require long term care services. However, companies are getting out of the game altogether and deciding not to offer the policies anymore. Over the past year companies as large as Met-Life, Guardian and Prudential have decided to stop selling individual long term care insurance

1.

Others like John Hancock have increased premi-ums by as much as 40%. Genworth, one of the largest providers of long term care insurance, will increase and change their policies moving for-ward.

Many have offered reasons as to why all this is happening. It can be debated as to the real rea-sons but here are some:

Poor Sales. Given the recessions in 2008, this is a viable excuse. Despite the insurance being used at a very high percentage, the amount of new long term care insurance sells have not rea-son. This creates an interesting scenario in which people are using these policies and justifying a need but people are not buying them despite of-ten seeing this need.

Underpricing. One could argue the pricing is a result of the poor sales. Had companies sold poli-

cies as estimated then the pricing could have been considered “correct.” But, given the weak sales the policies are too cheap since premiums being brought in are not enough to sus-tain what is being paid out to policyholders.

Low Returns on Accounts. Insurers typically keep funds to pay claims in a very conservative reserve account. These reserve accounts are near all time low interest rates so insurance com-panies are making very little return on their re-serves.

Increased Claims. The number of claims and amount of benefit being paid out by insurers reached record highs over the past few years. Combining this along with the other three reasons above created the perfect storm.

Future of Long Term Care

So where is long term care insurance heading? It is hard to know for sure but it is likely some sort of hybrid life insurance/long term care insurance will become more prevalent. These policies will likely come with increased premiums than stand alone policies. Imagine a policy with a death benefit paid to beneficiaries if you die but include a rider pay-ing out the death benefit prior to death for long term care coverage. For example, a 500k policy could pay you 250k for long term care services while you are living and then have 250k left for your beneficiaries when you die.

Matthew B. Brock, CFP®

Senior Partner, Owner

www.divergentplanning.com

Securities and Investment Advisory Services Of-fered through H. Beck, Inc., Member FINRA, SIPC. H. Beck Inc. and Divergent Planning are not affiliated.

Are you ready to explore new challenges?

At Marriott we can make it happen – with opportunities for building new skills, co-workers who share your enthusiasm and clear career paths that offer experience for growth and promotion. Whether you are a seasoned hospitality professional or just beginning to plan your career, we invite you to discover Marriott.

Marriott International Headquarters, located at10400 Fernwood Road, Bethesda MD 20917 have openings for:

Manager, Talent Analytics & Solutions (120010UQ). Two years plus experience in personnel selection, job analysis techniques, competency modeling, change management, performance appraisal, sur-vey design, statistical analysis using SPSS and employment law relevant to personnel selection and performance evaluation preferred.

Director, Affirmative Action & Compliance (12000YQ6). Responsible for developing and implementing policies, strategies and managing the execution of the Affirmative Action program for the company.

All applications must be submitted online, please go towww.marriott.com/careers and click on the "Apply Now". Then under "Management Positions Worldwide", enter Job Opening number

MCSHRM Featured Jobs:

MONTGOMERY COUNTY CHAPTER

SOCIETY FOR HUMAN RESOURCE MANAGEMENT

BOARD OF MANAGEMENT

2012 Officers and Directors:

Rana Katsha, MS, PHR

President

301-728-2351

rkatsha@yahoo.com

Chris Tyler, SPHR

2011 President

703-613-8339

Chris.tyler_sphr@yahoo.com

Robin Marquart, PHR

Secretary

301-212-8233

robin.a.marquart@erac.com

Lisa Boan, SPHR

Professional Development

301-628-2035

lboan@drintl.com

Robin Campbell, SPHR

Programs

(240)328-0644

campbellrob92@yahoo.com

Kimberly Diebling, SPHR

Communications

301-634-5224

kdiebling@hotmail.com

Dawn Atwood, PHR

Membership

301-987-4620

mcshrm@gmail.com

Theresa Elliott, PHR

Community Affairs/President Elect

thershey1@comcast.net

Tammy Pinson, SPHR

Treasurer

301-451-9458

pinsont@mail.nih.gov

Darla McClure, Esquire

Legislative Affairs

301-838-3284

dmcclure@steinsperling.com

Thomas Mathew

At Large Marketing & PR 240-252-5785

dmathew@emptrust.com

Montgomery County SHRM Exchange, the general

newsletter of the chapter is published monthly. Topic

articles and items of interest to the general member-

ship are welcome. Items may be sent to the

attention of Kim Diebling , Editor,

kdiebling@hotmail.com

©Montgomery County Society for Human

Resource Management 2008

MC SHRM * P.O. Box 633 * Germantown, MD 20875 *

mcshrm@gmail.com * mcshrm.shrm.orgmcshrm@gmail.com * mcshrm.shrm.orgmcshrm@gmail.com * mcshrm.shrm.org

MCSHRM Career Center Reach HR Professionals in Montgomery County

The MCSHRM web site and Newsletter is a very targeted and cost-effective way to reach Human Resource Managers and Decision-makers in Montgomery County, Mary-land.

To post a job on the MCSHRM web site, please send the information listed below to Robin Marquart, PHR, Job Bank Coordinator at: robin.a.marquart@ehi.com. If you would like the job posting advertised in the newsletter please send a copy of the posting to Kim Diebling, SPHR Communication Chair at: kdiebling@hotmail.com

There is no fee for current members of MC SHRM. There is a $25 fee per posting for non members. This fee provides a Job posting on the web site for one month, and you can place your ad in the next edition of the Chapter newsletter at no additional charge (see below for newsletter contact information).

If interested, please provide the following information:

Please be sure to indicate if you are a current member of Montgomery County SHRM. If you are not a mem-ber, please also send your check or money order (credit card payments are not currently accepted) of $25 made out to Montgomery County SHRM and sent to:

Montgomery County SHRM Attention Treasure (Web Job Posting Payment)

P.O. Box 633 Germantown, MD 20874

Don’t forget to check out the Job Postings on the MCSHRM website!

Job Title Job Qualifications Job Contact Phone

Salary Range Job Contact Name Job Contact Fax

Job Description Job Contact Email Job Contact Address