Villanova University Chapter for the Society of Human
st Chapter Newsletter – February 21,
Have a Great Spring Break!Have a Great Spring Break!
ththSpring Break runs March 4-12, and classes resume Monday, March
th. 13 Enjoy your break! Enjoy your break!
1. HR Trends and Competencies Project
2. Diversity Research Project
3. HRD Mentoring Program
4. Article of the Month: Your Legal Obligation to Temporary Agency Workers 5. Philly SHRM Dates
6. Temple SHRM Dates
7. Greater Valley Forge SHRM Dates
8. Chester County Human Resource Association Dates
REMINDER: VILLANOVA SHRM EVENTS
Speaker: Brian Marczyk, Recruitment Specialist, Shire Pharmaceuticals
What: OFCCP Definition of an Internet Applicant nd Date/Time: Wednesday, Feb 22, 2006 - 6:00 - 7:15
Where: Huebner Hall at the American College
As both an HR Professional and a potential job seeker, keep yourself up to date with this changing law!
Speaker: Toby Mannheimer, PJM Interconnection
Date/Time: Wednesday, March 1, 2006 – 6:00 – 7:15pm
Where: Huebner Hall at the American College
$3.00 charge for non-SHRM members; FREE for SHRM members!!
NETWORKING RECEPTION: SAVE THE DATE!
nd, 6pm – 8pm When: March 22
Where: Doubletree Hotel, Center City Philadelphia
What: A networking event, which includes a speaker, dinner, and a raffle.
Proceeds go towards a scholarship fund for an HRD student.
Speaker: Terry Laudel, VP of Human Resources, SAP
ABOUT THE EVENT:
This event gives HRD students the opportunity to hear a great speaker in the HR field and to network with local HR professionals. The benefits from this event will go
towards the Cyril Solomons Scholarship Fund, which was created to honor the memory
of Cyril Solomons, Ph.D, the husband of Dr. Helen Solomons. Both Cyril and Helen have been associated with Villanova University and the HRD Graduate Program for more than twenty years and have contributed to the program not only as teachers and mentors to our students, but also as friends and advocates. The aim of the scholarship is to help students who have demonstrated outstanding abilities but do not qualify for a full scholarship or graduate assistantship. This is a great opportunity not only to advance your career but also to contribute to a great cause and to further the HRD program’s continued growth.
Each HR professional will receive a resume book filled with the resumes of HRD students. If you have not yet sent in your resume, please send them ASAP to Imad at firstname.lastname@example.org. Late resumes are not guaranteed to be in the book.
More details soon. Watch for a special edition SHRM newsletter to come out before the Networking Reception on the 22nd. Invitations to follow!
1. HR Trends and Competencies Project
The graduate HRD program is conducting research on HR Trends and Competencies,
and they need your insights! The survey will ask you to provide your perspective on the competencies necessary to face future HR trends. The trends include increased cost in healthcare, decrease in pensions, increases in e-learning, use of technology to communicate information to employees, a global economy, outsourcing blue and white collar jobs, and much more. To request a copy of the survey, contact Serena Dehner at
2. Diversity Research Project
“Diversity is the one true thing we have in common. Celebrate it everyday.”
For the last four years, The Graduate Human Resource Development Program of Villanova University has been conducting extensive research in the field of Diversity in
Organizations under the direction of Dr. Richard Andrulis and Dr. David Bush. With the cooperation of our students, we have collected data in reference to approximately 160 companies and over 15 industry categories.
The instrument used to collect data for our research is a 35 question survey distributed to all HRD students. While we are encouraged by our efforts thus far, there is still much for us to learn. We are looking to expand our research to include the experiences, reflections and insights of students from other graduate programs at Villanova, including the MBA program, Villanova Law School and the Masters in Public Administration program, among others.
This is an exciting time for our program and our research. As news of research spreads, we are receiving more and more requests for information regarding our findings. We encourage all HRD students to be familiar with what we are accomplishing in the field of diversity. Please take time to visit our website at
http://gradhrd.villanova.edu/diversity_research.htm or call Dr. Andrulis or Harlynn
Goolsby in the program office with questions or requests for data.
Most importantly, if you have not completed or returned a completed survey to the program office, please do so. And don’t forget to encourage your fellow classmates to do the same. This is an excellent way for our HRD program to continue to build our reputation and legacy of developing today’s and tomorrow’s HR leaders.
Thank you in advance for your support and cooperation.
3. HRD Mentoring Program
We are still looking for more mentors and protégés, and if you are interested in being a part of the program please fill out the mentoring profile on the HRD website and email it to Nick Larson at Nicholas.Larson@villanova.edu or drop it off in the HRD office. Also, be
sure to take a look at the mentoring guidelines and Frequently Asked Questions.
It’s not too late to sign up!
5. Article of the Month: Your Legal Obligation to Temporary Agency Workers
Contributed By: Nicholas Larson
When you use temporary workers hired and paid by a staffing agency, you need to know if you are considered to be their actual employer for legal purposes. Depending upon the arrangement, your organization may be held responsible for employment discrimination, the same as if the worker were on your payroll.
The number of workers and employers using temporary agencies is growing at a high rate. Employers enjoy the flexibility of using workers who do not have to be on their regular
payroll, while workers like the ability to use short-term assignments to accommodate both career and nonbusiness goals. However, employers need to understand that they still may have legal obligations to their temporary or contingent workers, particularly in the area of discrimination.
EEOC Defines Contingent Worker
The term “contingent worker” covers a broad spectrum of temporary worker arrangements and flexible working conditions. It includes temporary workers on your payroll, independent contractors, temporary workers from agencies, and leased employee arrangements. The Equal Employment Opportunity Commission (EEOC) has published a directive, Enforcement Guidance: Application of EEO Laws to Contingent Workers Placed by Temporary Employment Agencies and Other Staffing Firms (Guidance), to address how discrimination laws affect temporary employees and their employers. The EEOC Guidance describes contingent workers as those who are generally outside an employer’s core workforce and includes workers whose jobs are irregular or will only last a short time. The Guidance deals with a specific type of temporary worker: those who are hired and paid by a staffing agency, but whose working conditions are totally or partially controlled by clients (or employer organizations) who use the agency. The main type of staffing agency described in the EEOC Guidance is the temporary employment agency.
The EEOC Guidance establishes that a temporary employment agency normally provides its clients with a staffing arrangement in which the agency is nominally an employer. It recruits, screens, hires, and may even train its employees. When it places a worker in an assignment, it sets and pays the wages and then bills the client who uses its services. The client usually controls the working conditions, supervises the individual, and determines how long the job will last.
Applying Discrimination Laws to Temporary Agency Workers
In order to determine when and how the federal discrimination laws apply to temporary agency workers, you must be able to answer the following questions.
1. Who is the employer? The first question that both the agency and the client have to answer is whether the worker is an employee or an independent contractor. If the individual is an employee, that is, if the agency and/or the client controls the when, where, and how of the individual’s job performance, the worker may be covered by the discrimination laws. Most workers obtained through a temporary agency are considered to be employees, and not independent contractors, because normally both the agency and the client exercise control over their work.
A temporary agency usually has an employer/employee relationship because, among other things, it does the hiring, finds the job, provides workers’ compensation, pays the
worker, and, if necessary, terminates him. During the job assignment, the client typically also is considered the temporary worker’s legal employer if it does such things as supervise the worker, provide work space, and furnish equipment for the job. The EEOC Guidance gives the following example of “joint employers”:
A temporary employment agency hires a worker and assigns him to serve as a computer programmer for one of its clients. The agency pays the worker’s salary based on the
number of hours worked as reported by the client. The agency also withholds social security and taxes and provides workers’ compensation coverage. The client establishes the hours of work and oversees the individual’s work. The individual uses the client’s equipment and supplies and works on the client’s premises. The agency reviews the individual’s work based on reports by the client. The agency can terminate the worker if his or her services are unacceptable to the client. Moreover, the worker also can terminate the relationship without incurring a penalty. In these circumstances, the worker is an “employee” … and the temporary employment agency and its client qualify as joint employers because both have the right to exercise control over the worker’s employment.
2. Who is liable for discrimination? Both the agency and the client may be liable for discrimination if they qualify as joint employers and each meets the employee size threshold for coverage under the various laws. The threshold levels under the federal laws are: Title VII of the Civil Rights Act applies to employers with 15 or more employees; the Age Discrimination in Employment Act applies to employers with 20 or more; the Americans with Disabilities Act applies to employers with 15 or more; and the Equal Pay Act applies to employers who have more than one employee. To determine coverage, both the agency and the client must count every temporary worker who qualifies as an employee, along with their regular staff.
3. What if the temporary agency or the client is not the employer? There are times when, even if the agency or the client is not the employer, it may be liable under the antidiscrimination laws. The reason for this is that the laws “prohibit an employer from interfering with an individual’s employment opportunities with another employer.” The EEOC Guidance uses an example where a staffing agency provides an independent computer repair technician to a client, and then the client asks for a replacement:
The client does not qualify as a joint employer of the worker because it had no ongoing relationship with the worker, did not pay the worker or firm based on the hours worked, and had no authority over hours, assignments, or other aspects of the means or manner by which the work was achieved. However, if the client’s request to replace the worker was
due to racial bias, and if the client had 15 or more employees [i.e., Title VII coverage], it would be liable for interfering in the worker’s employment opportunities with the staffing firm.
Guidance Illustrates Discriminatory Practices
The EEOC Guidance describes some situations where agencies and clients may be liable:
1. Discrimination in assignment practices. A staffing agency can be liable if it follows a client’s discriminatory assignment request or preference. It can also be liable if it
administers a test which is not job-related and which disproportionately excludes members of a protected class. The discrimination laws in these situations may cover the client if it has the minimum number of employees for legal coverage under the applicable laws.
2. Discrimination at the work site. If a client fails to treat the workers assigned to it in a nondiscriminatory manner, it may be liable. In addition, if the agency knows about the discrimination, it must take whatever means of corrective action is in its control, or it also may be found liable for discrimination.
3. Discrimination in the payment of wages. The Equal Pay Act (EPA) requires that men and women receive equal pay for equal work. Thus, if a temporary worker receives less pay than a temporary worker of the opposite gender who performs the same job, both the agency and the client may be liable under the EPA. Also, if both have the required number of workers for legal coverage, they may also be liable under Title VII for wage discrimination. However, if there is a wage difference based on the classification of workers, such as temporary and regular, this disparity generally is not a violation under the EPA because it is based on a distinction other than sex.
Joint Employers Equals Joint Liability
The use of temporary employment agencies answers the need of many employers for greater flexibility. It allows them to maintain a core workforce and to add workers on a temporary basis. However, some employers, in using temporary employment agencies, do not realize that even though their agreements expressly state they are not employers, they may be so in the eyes of the law. They may be even less aware that they can have joint liability with the agency for a temporary worker’s discrimination claim.
If your organization uses temporary agency workers, you can help protect yourself against possible discrimination issues by using the following guidelines to monitor your relationship with the agency:
-- Know whether the temporary worker meets the statutory test to be considered an independent contractor.
-- Assume that you are probably a joint employer if you control the working conditions of the temporary worker, supervise the job, and control the length of the assignment.
-- Determine whether you are covered under the antidiscrimination laws. Be sure that you count all temporary workers with whom you have a legal employer/employee relationship.
-- Be aware that you may not avoid discrimination charges by using temporary agency workers. Therefore, do not ask an agency to provide workers who meet requirements that may be viewed as discriminatory, such as requesting only “young” workers. Both you and the agency, if it complies with your request, can be liable.
-- Include coverage for temporary workers under the administration of your antidiscrimination policies.
The Guidance is used by the EEOC’s personnel in their investigations and is given deference by the courts. Therefore, you should not allow yourself to fall into the trap of thinking you can avoid discrimination issues by using temporary agency employees.
6. Important Philly SHRM Dates—Mark Your Calendars!
Wednesday, February 22- CMF - Building Influencing Skills for Positive
When: 5:30 pm – 7:00 pm
Where: Right Management Consultants, 4 Penn Center, Ste. 610, 1600 John F.
Kennedy Blvd. in Philadelphia
Speaker: Barbara Monegan, Senior Organizational Consultant at Right
Host: Michele Mannel, VP, Career Management Consultant at Right Management
Thursday, February 23 - Legal Webcast - Personnel Files and Record Retention
When: 12:00 pm – 1:00 pm
Tuesday, March 14, 2006 – Breakfast Meeting: Employee Crisis Fund
When: 8am -12pm
Where: Doubletree Hotel, Center City
Speaker: Cecily Carel, Senior VP, People and Leadership, Popular Financial
Holdings, Inc.; David M. Kuchinos, Esquire, Partner, Blank Rome LLP
Thursday, March 23, 2006 – Special Programming/EMA: ―Bringing Out the Best in People‖
Where: Top of Tower, 1717 Arch Street, Philadelphia, PA 19103-2713.
The Furness Room, 50th Floor.
Topic: This session will focus on how to use a behavior-based performance
management system to transform employees’ work into something they are willing,
ready and even eager to do, which in turn ensures that everybody performs to his or
her full potential.
Speaker: Joseph Laipple, PhD, Senior VP of Strategic Services with Aubrey
Sponsors: ARAMARK, Comcast
Check www.phillyshrm.org for more details!
7. Important Dates to Remember—Temple SHRM (Open to Non-Members)
All Meetings, Mondays, 11:40 – 12:30, in Speakman 115, Temple University, unless otherwise noted
th, 2006 When: February 27
Where: SAC 223, followup in Speakman 318
What: SHRM alum panel, covering topics such as, Preparing For the Next
Transition, What College Did Not Teach Me about the Working World, etc.
Who: Kris Roberg, Jeremy Crawford, Jay Konn, Craig Gilmer, Caitlyn Bowers,
Charlotte Cerkvenik, Ruba Habtemicael, Karl Tradewell, Brian Eberle,
thWhen: March 13, 2006
What: Meet the HRM Department Faculty and PhD students
thWhen: March 20, 2006
What: SHRM joins Temple University Human Resources monthly meeting
Where: Kiva, or SAC, room TBA
th When: March 27, 2006
What: MIS as a minor for HRM students, courses, and applications.
Where: SAC, TBA
Speakers: Joe Allegra and Barb Donalsky, Temple Computer Services
thSave the Date: Monday, April 17: SHRM Banquet
When: 5:30 pm – 9:00 pm
Speaker: Aaron Mitchell, alum
Great networking opportunity, watch for more updates!
7. Important Dates to Remember—Greater Valley Forge Human Resource
Association (Open to Non-Members)
Thursday, March 9, 2006— HR & the Political Process
When: 8 am
Where: Desmond, Great Valley
Cost: $25 members, $35 non-members
Wednesday, March 15, 2006 – Making it Hard for Good People to Leave and Easy
Where: Penn State Great Valley, Room 131, Malvern, PA
What: A systemic approach to hiring and managing your people
Speakers: Joanne Hutcheson, SPHR
Friday, March 17, 2006 – Diversity in Healthcare and the Service Sector
Where: Temple University Hospital, Philadelphia (Basement of the Rock Pavilion,
carpeted dining room)
Speaker: Deborah Caputo Rosen, RN, Ph.D.
Contact: Carol Hampson at email@example.com or
call 215-707-8370 if you have any questions.
Tuesday, March 21, 2006 – Monthly Meeting: High Performance Work Teams
When: 5:30 pm
Where: Sheraton Park Ridge, King of Prussia
Friday, March 31, 2006 – Professional Certification/Re-Certification Study Group
Where: The Business Development and Training Center, Malvern, PA
What: Also runs April 7; choose both sessions or one of the sessions. March 31:
Strategic Management HR Development Workforce Planning and Employment.
April 7: Compensation and Benefits, Employee and Labor Relations, Occupational
Health, Safety and Security.
Cost: $200 for members, $260 for non-members.
Register: Please go on–line: www.hrci.org.
8. Important Dates to Remember—Chester County Human Resource Association
Friday, February 24, 2006 - Big Brother—Working in your Employer’s House?
When: 11:30 am to 1:30 pm
Where: HRMG Solutions, 650 Sentry Parkway, Blue Bell, PA 19422, (610) 941-
Friday, March 24, 2006 – HR on the Witness Stand
When: 7:30 am to 9:30 am
Where: Ascend Consulting, Inc, West Chester, PA 19382
Go to http://www.cchrassn.org/ for more information!