Can HR deliver Disruptive Innovation?

Disruptive technology and disruptive innovation are terms used in business and technology literature to describe innovations that improve a product or service in ways that the market does not expect, typically by being lower priced or designed for a different set of consumers.  The original concept was introduced in an article by Josephe Bower and Clayton Christen (1995) that introduced the concept.

Henry Ford's Model T, the PC, and the Iphone, are all examples of disruptive technologies that consumers never expected or planned for, but changed the dynamics in the market place. The introduction of such innovative products drives new demand and opportunities for the "me too" product and complementary products and services.

It's very easy to think in terms of products and technology, but is there opportunity for Disruptive Innovation in Human Resources? Traditionally, HR is often considered to be a reactionary function, responding or slightly anticipating the needs of the organization.  So does HR have the ability to lead by such innovation that the rest of the organization benefits?  This can include both the corporate HR function and the HR outsourcing industries.  Can HR create a new model of work that redefines how people power contributes to an organization?

What opportunities exist?  How about:

• Just in Time (JIT) Personnel: Workforce Planning at the hourly level using deployable people who move throughout the organization.  Employees are task, project, or outcome designed where traditional time tracking is used only for the purpose of pay?
• HR as the solutions provider in the Healthcare Debate?
• How about HR connecting the dots between Healthcare, Wellness & Productivity?
• The complete networking of knowledge throughout an enterprise by way of pay for knowledge?
• The purely Outcome-Oriented Exempt Workforce? 
• The internal/external HR Department? One HR department/multiple companies?
• True 24/7 Employee& Leader Access to HR?
• The Re-emergence of the "Employee Guild", organizations designed and maintained for mutual benefit of all members that does not have the constraints of traditional employee unions.
• An HR service that is paid for purely with ROI and cost reduction dollars?

Certainly, for such change to occur HR's definition must considerably change apart from the traditional corporate and outsourcing roles and instead merge with other professions in order to move towards such innovation.  Think for a moment of the opportunities that exist.  -Rick Baron

Rick is a Florida-based Human Resources and Career Strategist.  You can find more advice and insights at http://www.rmbaron.com or contact him at rick@rmbaron.net.

Want to make a quick networking move?  Include Rick in your LinkedIn Network at http://www.linkedin.com/in/rmhbaron

 The Strategic Corporal: The New Empowerment

I often enjoy my talks with my brother Scott.  A retired Army, Lieutenant Colonel, Scott still doesn't take himself too seriously, even after working at senior levels at the Pentagon and teaching at the prestigious Army Command Staff College.  Once in a while, we hit a note in our talks that brings about an "Aha" moment for me.  Earlier this week I mentioned how proud I am of the professionalism in the junior ranks of the U.S. military.  People of only 20-25 years of age taking on huge responsibility in the face of the enemy and the demands that go with their mission.  While I was expressing my impression, Scott, without missing a beat says, "This is the strategic corporal", referencing General Charles C. Krulak's, 1999 article on battlefield agility.  Scott continued by explaining how the military prepares these young people for such demands and unexpected leadership demands. 

Being a veteran myself, I've noticed the expanding responsibility in the military for those considered to be at lower ranks far beyond what I remember.  The life and death decisions of the modern corporal, airman, sailor, or coastguardsman, can change policy and bring about greater success or traumatic failure on the battlefield or theater of operation.  But to trust one so very young and inexperienced has to first accompany a high degree of training, development, and empowerment in order for it to be effective.  There also must be high performance expectations that this young person will do the right thing when under dire stress and impossible circumstances when no one senior to them is available.

As business leaders, we love to talk about empowerment.  But are we preparing our folks the same way the strategic corporal is being prepared?  How much time are we really spending training, developing, and empowering our folks?  Are we setting and holding a high level of expectations upon these individuals to do what is right and letting them do it without our interruptions?  When they fail, do we as their leaders, take accountability or abandon them?  These are the questions that we must ask ourselves before we expect more from our folks.  It's very easy to say that we give such responsibility to employees, but we need to adequately prepare them for what is expected.  We must be willing to be accountable with them when things go wrong and use mistakes as an opportunity to learn and grow.

In your workplace, you may not have life or death scenarios to face, but think about that corporal and then look at those you are leading and think about the opportunities for both them and your organization.  I think you will find surprising results when you do take the time to prepare and then for even the toughest challenges.   -Rick

Rick Baron, PHR, CPC, (http://www.rmbaron.net), is a Human Resources Leader, Teacher, and Career Coach based in the Sarasota, Florida area.

 Paper Turkeys and the Emotional Bank Account

HR as the strategic partner......I think as I print out the last batch of funny turkey cards for the company's gift to employees for this Thanksgiving Holiday.  As we begin our HR careers, this is often the staple of what we do.  The "soft" side of HR, also known as the fluffy or non-value-added activities wind up on most of HR's plates.  It's always been difficult to articulate these morale-building activities as part of the overall Human Capital Strategy but I think that most do agree on several things:

• It does increase morale
• It does enhance the spirit of the organization
• It does help solidify and help define the culture of the organization

Many tell me that it's a short-sell.  That these events, tokens, or gestures are fleeting and employees will soon forget. Instead, I like to think of it as an "Emotional Bank Account".  Every such item is a deposit in the relationship that we have with others.  We give sometimes little, sometimes a lot, but we give.  If we have the right people working at our organizations, they remember.  They tuck away that gift and remember it.  Hopefully, when we need them to do the right thing they will make the choice in favor of the organization or perform during "crunch time".    

I learned this especially over the past couple of years as the economy tanked.  Organizations I knew who made those investments of heart-felt gestures were reaping the benefits when they approached employees related to pay reductions and benefits.  I witnessed these employees reflecting back on all that they were given and they gladly sacrificed.  But where we for is that like all accounts, it must be replenished and the balance checked regularly.  If not, like many organizations, you go into a negative balance which results in poor morale or worse.

So as I cut out my last paper turkey I continue to reflect on the hope that by me doing this, our employees will be a little nicer to clients, to each other, or keep the organization a little bit more in mind.  After all, bringing out the best in people is my job, even through construction paper.  -Rick

Rick is a Florida-based Human Resources and Career Strategist.  You can find more advice and insights at http://www.rmbaron.com or contact him at rick@rmbaron.net). 

 Do you know GINA?  (New employer posting requirement from the DOL)

On November 21, 2009, employers will be required to begin posting language about the Genetic Information Nondiscrimination Act of 2008 (GINA).  This poster should be displayed wherever you currently post other required labor law and state regulations in the workplace, and the template from the Department of Labor is attached. 

The Genetic Information Nondiscrimination Act of 2008 (Pub.L. 110-233, 122 Stat. 881, enacted May 21, 2008, GINA), is an Act of Congress in the United States designed to prohibit the improper use of genetic information in health insurance and employment.

The Act prohibits group health plans and health insurers from denying coverage to a healthy individual or charging that person higher premiums based solely on a genetic predisposition to developing a disease in the future. The legislation also bars employers from using individuals' genetic information when making hiring, firing, job placement, or promotion decisions.

GINA requires the Equal Employment Opportunity Commission (EEOC) to issue regulations implementing Title II of the Act. EEOC published a Notice of Proposed Rulemaking (NPRM) on March 2, 2009, under that authority.

Who must comply with Title II of GINA?

Title II applies to private and state and local government employers with 15 or more employees, employment agencies, labor unions, and joint labor-management training programs. It also covers Congress and federal executive branch agencies. The NPRM and this document use the term "covered entity" to refer collectively to all entities subject to Title II of GINA.

Are entities subject to Title II of GINA required to comply with the law now?

No. There will be sometime between issuance of final regulations and the date on which the law becomes effective and entities need to begin complying with it. Title II of GINA is effective on November 21, 2009.

Why is GINA needed?

GINA was enacted, in large part, in recognition of developments in the field of genetics, the decoding of the human genome, and advances in the field of genomic medicine. Genetic tests now exist that can inform individuals whether they may be at risk for developing a specific disease or disorder. But just as the number of genetic tests increase, so do the concerns of the general public about whether they may be at risk of losing access to health coverage or employment if insurers or employers have their genetic information.

Congress enacted GINA to address these concerns, by prohibiting discrimination based on genetic information and restricting acquisition and disclosure of such information, so that the general public would not fear adverse employment- or health coverage-related consequences for having a genetic test or participating in research studies that examine genetic information.

What is "genetic information?"

The statute and the NPRM include a detailed description of what constitutes "genetic information." Genetic information includes, for example, information about an individual's genetic tests, genetic tests of a family member, and family medical history. Genetic information does not include information about the sex or age of an individual or the individual's family members, or information that an individual currently has a disease or disorder. Genetic information also does not include tests for alcohol or drug use. The Commission specifically invites public comment on other kinds of tests that covered entities may conduct and whether they should be considered genetic tests.

What practices are prohibited by GINA Title II?

Title II of GINA prohibits use of genetic information in making decisions related to any terms, conditions, or privileges of employment, prohibits covered entities from intentionally acquiring genetic information, requires confidentiality with respect to genetic information (with limited exceptions), and prohibits retaliation.

Are there any exceptions to the prohibition on use of genetic information?

No. This prohibition is absolute. Covered entities may not use genetic information in making employment decisions under any circumstances.

Are there any exceptions to the general rule against acquisition of genetic information?

Yes. Although the general rule is that covered entities may not request, require, or purchase genetic information with respect to an employee/applicant or family member of an employee/applicant, there are exceptions.

One exception, sometimes referred to as the "water cooler" exception, applies to inadvertent acquisition of genetic information. The may occur, for example, where a supervisor overhears a conversation between co-workers in which genetic information is discussed or receives genetic information in response to a question about the general health of an employee or employees family member, or where an employer receives genetic information as part of documentation an employee submits in support of a request for reasonable accommodation under the Americans with Disabilities Act (ADA) or other similar law. Other exceptions are described in the statute and the NPRM.

What are GINA's rules on confidentiality?

Covered entities in possession of genetic information about applicants or employees must treat it the same way they treat medical information generally. They must keep the information confidential and, if the information is in writing, must keep it apart from other personnel information in separate medical files. A covered entity may keep genetic information in the same file as medical information subject to the ADA.

There are limited exceptions to GINA's prohibition on disclosure of genetic information, which are described in detail in the statute and NPRM.

Are disparate impact claims permitted under Title II of GINA?

No. However, the Act directs that a commission be formed six years after enactment to report on the possibility of allowing disparate impact claims.

Does Title II of GINA prohibit harassment?

Title II of GINA does not directly address the issue of harassment claims. However, in describing the prohibited practices under Title II, Congress adopted language similar to that used in Title VII of the Civil Rights Act of 1964 and other equal employment opportunity statutes, evincing its intent to prohibit discrimination with respect to a wide range of practices, including harassment.

Does Title II of GINA apply to employment decisions based on health benefits?

To some extent, yes. However, Title II of GINA includes a "firewall" provision intended to eliminate "double liability" by preventing claims under Title II from being asserted regarding matters subject to enforcement under Title I of GINA or the other genetics provisions for group coverage in ERISA, the Public Health Service Act, and the Internal Revenue Code. The firewall seeks to ensure that health plan or issuer requirements or prohibitions are addressed and remedied through ERISA, the Public Health Service Act, or the Internal Revenue Code and not through Title II and other employment discrimination procedures.

The firewall does not immunize covered entities from liability for decisions and actions taken that violate Title II, including employment decisions based on health benefits, because such benefits are within the definition of compensation, terms, conditions, or privileges of employment. For example, an employer that fires an employee because of anticipated high health claims based on genetic information remains subject to liability under Title II. On the other hand, acts or omissions relating to health plan eligibility, benefits, or premiums, or a health plan's request for or collection of genetic information remain subject to enforcement under Title I of GINA exclusively.

What effect does Title II of GINA have on other laws addressing genetic discrimination in employment?

Title II of GINA does not preempt any state or local law that provides equal or greater protections from employment discrimination on the basis of genetic information or improper access or disclosure of genetic information. Additionally, Title II of GINA does not limit the rights or protections under Federal, state, local or Tribal laws that provide greater privacy protection to genetic information, and does not affect an individual's rights under the ADA, the Rehabilitation Act, or state or local laws that prohibit discrimination on the basis of disability.

However, Title II of GINA does limit an employer's ability to obtain genetic information after making a job offer. Although the ADA currently permits a covered entity to obtain family medical history or conduct genetic tests of job applicants once an offer of employment has been made, provided this is done for all entering employees in the same job category, such action will be prohibited upon the effective date of GINA.

What are the remedies for a violation of GINA Title II?

The same remedies available under Title VII are available under Title II of GINA. An aggrieved individual may seek reinstatement, hiring, promotion, back pay, injunctive relief, pecuniary and non-pecuniary damages (including compensatory and punitive damages) and attorneys' fees and costs. Title VII's cap on combined compensatory and punitive damages also applies to actions under Title II of GINA.¹ Punitive damages are not available against federal, state, or local government employers.

What happens now that the period for submitting comments on the NPRM has ended?

Following revision of the NPRM in light of public comments, the Commission will vote on a Final Rule. The Final Rule approved by the Commission will then be coordinated through the Office of Management and Budget with other Federal agencies before it is published in the Federal Register. EEOC anticipates that a Final Rule to implement Title II of GINA will be published well in advance of the law's effective date of November 21, 2009

(Source Department of Labor, http://www.eeoc.gov/policy/docs/qanda_geneticinfo.html)

To download a DOL approved posting, visit: http http://www.rmbaron.net/4.html

The above is considered informational and does not constitute legal advice.  If you unsure about your organization's compliance responsibilities, consultant an attorney.

Rick Baron is a Florida-based Human Resources and Career Strategist.  You can find more advice and insights at http://www.rmbaron.com or contact him at rick@rmbaron.net).   

Want to make a quick networking move?  Include Rick in your LinkedIn Network at http://www.linkedin.com/in/rmhbaron or on Twitter at http://www.twitter.com/rmhbaron

Job Networking for Introverts

Even during these tough times, networking continues to be the most successful way to find new employment.  Different studies conflict as to the exact number, but somewhere between 50-80% of job seekers report that it was their networking that helped them land their current position.  This is especially true for professional, leadership, and technical positions.  But what if you just don't like or can't network?  This is a common source of fear for many who feel that networking or self-promotion is seedy, sneaky, or just makes them feel uncomfortable asking others to help them find work.  In the December, 2009 issue of Psychology Today, the article "Self-Promote (The Introverts' Edition)" makes some recommendations from the book "Self Promotion for Introverts", by Nancy Ancowitz.  

They include some of the following ideas:

• Sell Yourself: Instead of looking at bragging about yourself, see it as finding a link between what you have to offer and what others need. Another way of thinking this is that you are merely letting people know about what you have to offer as an employee. 
• Write: Introverts are more likely to rely on writing. As an expert on a given subject or industry will help you highlight your knowledge and expertise. Blogs, Twitter, Cover Letters, and Thank You Notes are great ways to let people become aware of your achievements, skills, and perspectives.
• Host: By coordinating an event immediately makes you the "go-to-person". Charities, government organizations, and community groups are always looking for someone to coordinate an event and this is a great way to quickly expand your reach.
• Speak Publically: Yes, I realize this is one of the biggest fears people have, but it does give the introvert time to prepare and present in a very organized way which takes the pressure off. An easier type of communication as compared to one-on one-conversations which tend to be more spontaneous.
• Preparation for Networking Events or Situations: Being well prepared allows you to be more confident when it comes time to act. Write and rehearse opening lines, perhaps based upon the news (please not politically polarized or religious). Keep them open-ended, positive, and simple.
• Say Hi: Be visible to people around you by regularly exchanging this simple way of connecting. I have to admit, this is my favorite. It's amazing how much positive "buzz" you get in any environment, by just walking by and saying hello. This is especially good in environments where you frequent like work, church, clubs, or other organizations. It obviously won't work in places where people don't know you.

There you have it.  Some simple ways to get your name and face out there instead of being the wall flower.  Remember that networking, like all things, takes practice and will be uncomfortable at first.  Take your time, realize you will make mistakes, and learn from each experience.  Remember the purpose you have in networking and you will likely find yourself having fun at the same time.  Go Get Em.    -Rick Baron

Rick is a Florida-based Human Resources and Career Strategist.  You can find more advice and insights at http://www.rmbaron.com or contact him at rick@rmbaron.net). 

Want to make a quick networking move?  Include Rick in your Linkedin Network at http://www.linkedin.com/in/rmhbaron