Looking to make a difference in our world? It’s time to use all of your education and experiences to be an instrument of change.
In HIS Name HR is honored to have been retained by the Institute of Lutheran Theology (ILT) to seek their next Dean of Academic Affairs.
The Institute of Lutheran Theology is a Christian faith community, seminary and graduate school that rigorously equips faithful pastors, teachers and lay people to effectively proclaim the gospel and serve Christ’s church throughout the world.
The Dean of Academic Affairs administers the academic programs of the Institute of Lutheran Theology (ILT) and is responsible for ensuring they fulfill ILT’s Mission Statement and Institutional Learning Outcomes. He/she takes a responsibility for policy related to ILT’s academic programs.
Some Position Requirements
- A terminal degree in a theological discipline with experience teaching at a college, university, seminary, or graduate level.
- 3–5 years of administrative experience in a higher education.
- Ordained Lutheran pastor with ministry experience preferred.
- Evidence of research competence.
- Adherence to the Institute of Lutheran Theology’s Mission, Vision, Goals, and Values.
Some Essential Responsibilities
Teaching and Research
- The Dean of Academic Affairs is a member of both the Graduate Faculty and Certificate Faculty and may teach courses as duties and time allow (normally, not more than two courses a year).
- The Dean of Academic Affairs authors academic and general audience articles and books as time allows.
The Dean of Academic Affairs is responsible for administering and overseeing all the academic programs of ILT. As such, he or she:
- Presides at the monthly meetings of the Graduate Faculty Senate and the Certificate Faculty Senate.
- Seeks out and recommends new members to both faculties, as needed.
- Recommends adjunct faculty to the President for appointment, as needed.
- Assigns courses to faculty members.
- Evaluates faculty effectiveness.
- Ensures that students receive competent academic advising from faculty.
- Develops academic policies in consultation with the Graduate Faculty Senate and the Certificate Faculty Senate and is responsible for implementing them.
- Leads the faculties in developing, implementing, and improving the curricula of the academic programs so that they fulfill their Program Learning Outcomes.
- Adjudicates student appeals presented according to the academic appeal policy.
- Approves or denies all transfers of credit, course substitutions, and similar issues in collaboration with the registrar.
- Recommends candidates for degrees to the Graduate Faculty Senate and the Certificate Faculty Senate and brings the faculties’ recommendations forward to the President and the Board of Directors.
- Supervises the preparation of the text of each year’s academic catalog.
- Publishes and maintains an updated faculty handbook.
- Oversees the Academic Department budget.
- Facilitates faculty development.
- Negotiates articulation agreements with other institutions of higher learning in consultation with the faculties and the President.
- Supervises the writing of grants, as needed.
The Dean of Academic Affairs is responsible for the ongoing assessment of ILT’s academic programs. As such, he or she:
- Creates an Academic Assessment Plan for continual assessment of how well ILT’s academic programs achieve their Program Learning Outcomes.
- Oversees the administration of the Academic Assessment Plan.
- Prepares an annual Academic Assessment Report and submits it as a foundation for planning to the President and the faculty senates.
- Works with faculty members to delegate assessment responsibilities, as needed.
General Educational Ministries
In addition to administering ILT’s academic programs, the Dean of Academic Affairs is responsible for ILT’s lay education ministries. As such, he or she:
- Designs, builds, and maintains educational programs for lay people.
- Communicates with potential instruction sites, pastors, instructors, and leaders.
- Helps plan and prepare educational events for pastors and lay people.
- Advertises and promotes educational ministries.
- Builds and maintains relationships with all congregational partners.
The Dean of Academic Affairs cooperates with other staff and administrators in ILT’s recruitment efforts. As such, he or she:
- Contributes toward developing and amending the Enrollment Management Plan.
- Assists the Admissions Coordinator, as requested, in counseling with potential students.
- Assists, as requested, in developing recruitment materials.
- Performs other duties as assigned.
Some Required Personal Attributes
- Displays a professional image at all times, even when facing significant job challenges.
- Submits to the Cross of Jesus Christ.
- Delivers on commitments made to others.
- Takes ownership for resolving problems, rather than allowing them to persist or simply pointing them out to others.
- Listens to all ideas and thoughts of others.
- Adapts quickly to changing situations, including last-minute changes and scheduling disruptions.
- Willing to consider new information, ideas, or strategies to achieve institutional goals.
- Anticipates potential reactions or concerns of staff and students to a situation and prepares to address these.
- Boldly asserts the truth of the gospel.
- Builds ownership for new initiatives or changes by involving those responsible for implementation in planning the details.
- Avoids any action or situation that gives the appearance of unethical or inappropriate behavior.
- Demonstrates the courage to do the right thing in difficult situations.
- Holds oneself and others accountable for meeting the high standards of the institution’s integrity.
- Leads by example by modeling ethical practices and standards.
- Treats others with respect, fairness, and consistency.
- Demonstrates empathy and understanding when addressing sensitive issues with others.
- Is hospitable in serving students.
- Maintains appropriate standards of confidentiality.
- Organizes department materials, including recruitment and department informational handouts.
- Administers procedures for Academic Department.
- Adjusts communication style and language to most effectively connect with different/diverse audiences and individuals.
- Follows through with students and staff to ensure that important information has been understood.
- Communicates information concisely and clearly.
- Clearly explains complex concepts (e.g., schedules, policies, and procedures) and at an appropriate level of detail.
- Maintains an appropriate level of contact with administration to keep them informed about important or controversial situations that may arise.
- Communicates professionally with all levels of employees in the institution.
Other Interpersonal Skills
- Possesses effective interpersonal communication skills, both written and verbal, plus organization and presentation skills.
- Exhibits a strong desire to be a part of an institution that combines commitment to the divine with an entrepreneurial spirit.
Location will be Brookings SD.
Cover letters should include why you should be considered for the position and what would make you the best candidate.
Serious and confidential inquiries: Apply Through Indeed
Position will be closed to further applicants June 1, 2019.
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Learn how to make social media use in the workplace a win for everybody.
What is your organization’s policy on social media? It’s time to better understand this powerful tool and make it work for you.
Research from Fierce, a Seattle-based training and development company, concludes that 80 percent of workers log onto Facebook during working hours.
Facebook is not going away. LinkedIn is right behind, and if you don’t know what Instagram or Snapchat is, well, you’re just missing out. Having worked in an era before these tools existed and then became popular, I offer you some vital insights from a Human Resources perspective.
Transforming connections and communications
In an age of smartphones, websites, and computers with preloaded social media integration, social media technology is standard fare in most environments. Customers routinely “check in” and post photos from restaurants, shops, attractions, and events. Pastors tell attendees to tweet quotes from their sermons. Celebrities make big announcements on Twitter, and the most important world news breaks on social media first. It’s not going anywhere. In fact, it’s growing, integrating, and upgrading faster than ever.
Despite this prominence, only 51 percent of organizations have any policy on social media. Some organizational leaders feel participation hurts productivity or even contributes to interpersonal problems (think of publicly bad-mouthing leadership), yet many more believe its use is crucial to good morale and a happy working environment, and current research bears this out.
Today, a whole new generation of workers considers social media a nonnegotiable aspect of their job environment. In a recent study by Fast Company, 40 percent of college students and 45 percent of young professionals said they would turn down a job or accept less pay rather than work for a company that disallowed social media use.
Be clever in how you integrate social media usage into your organizational culture and policies. If you have bans on social media, review and amend them to fit the times. If you don’t have a policy yet, remember these key points before issuing sweeping prohibitions on the technology:
- When treated as adults, most employees behave as adults.
- Give great guidelines up front—don’t wait for a crisis. Regularly encourage responsible posting on social media.
- Assign someone who understands social media to create a vision of how your company can be positively perceived or promoted online, and then articulate that vision clearly.
Risk vs. Reward
Without guidance, employee involvement with social media can be risky, but social media remains an excellent tool to engage participants and current or future customers and get your message out. The right use of this powerful tool can benefit everyone involved.
Many opportunities exist to mobilize your workforce to connect with others and broadcast a healthy and positive image of your company or non-profit. Some of the most productive and profitable companies have integrated it well, and so can you.
What type of policies do you have in place on social media?
Mark Griffin is founder and Chief Consultant at In His Name HR LLC. He has over 20 years of HR experience. Follow Mark on Facebook, Twitter and LinkedIn.
Then he said to his disciples, “The harvest is plentiful but the workers are few. Ask the Lord of the harvest, therefore, to send out workers into his harvest field.
~ Matthew 9:37-38
This was so very true when it was written and still so very true today. The workers available to bring the good word to the world of Christ’s saving blood are few. This piece of Scripture is the foundation of what it is that we do here at In HIS Name HR. We help create the workers; we develop Christian business leader, to be the worker to gently get the message out to the workplace. I have worked for organizations where we took care of employees’ financial needs by paying them. We took care of their medical needs by providing health care benefits. But we hardly come across any companies, even Christian-owned companies, that provide a venue to reach employees’ spiritual needs.
Christian-owned companies should feel obligated to provide spiritual benefits
We can no longer go to church on Sunday and work on Monday without addressing our faith. We are obligated to develop our organizations in a way in which it is comfortable for employees to be led to Christ.
If you are sharing your faith with your teams, if you are developing ways of integrating Christ into your workplace, you are building a “Kingdom Minded” Organization.
Help our community of readers
For those of you in the “Marketplace”, How do your share your faith at work? When do you know you have gone too far? We would love to know your experiences.
Mark Griffin is founder and Chief Consultant at In His Name HR LLC. He has over 20 years of HR experience. Follow Mark and In HIS Name HR on Facebook, Twitter and LinkedIn.
Yes, it’s possible for you to lead employees to excellence at work, home and in their communities.
For we are God’s workmanship, created in Christ Jesus to do good works, which God prepared in advance for us to do. ~Ephesians 2:10
A valuable part of leading sustainable for-profit organizations is introducing your employees to community relations. Part of leading people is developing them to be the best they can be, not only in the workplace but within their families and communities as well.
Look at your people from a whole person perspective—they’re far more than just “workers.” Provide your people the opportunity to do good works, to achieve greatness in their lives, and they will do great things for you. Developing your people’s skills, both in and outside the company, can positively impact the communities in which they live and you do business.
Encourage your people to be their best in every aspect of their lives.
Many organizations now put programs in place that help match employees’ interests to community volunteer opportunities. Some organizations shut down for an entire week to help build homes with Habitat for Humanity, for example. What do you do? What more can you do?
Imagine an organization that inspired their people by running a contest where each employee participated by demonstrating how their volunteer organization is the most impactful. The prize? The winner would receive a considerable reward to help fund their efforts. This article provides a great deal of information on what Elexio has done to encourage employees to look far outside their own communities.
If you are promoting good works performed by your employees, not only in the workplace but also in the world we live in, you are doing great things for God. You are building a “Kingdom-Minded” Organization.
Help our community of readers
Do you have HR practices that support these ideals? Do you help your employees help others? How do you find your employees’ strengths and match them to community involvement? Share your ideas and inspire fellow readers. We would love to know how you encourage your people to shine.
Mark Griffin is founder and Chief Consultant at In His Name HR LLC. He has over 20 years of HR experience. You can learn more about his recently published book for College Students, College to Career: The Student Guide to Career and Life Navigation HERE. Follow Mark on Facebook, Twitter and LinkedIn.
ABHE Annual Meeting
February 20-22, 2019 | Rosen Plaza Hotel, Orlando Florida
While never preferred, conflict seems a part of most every organization. What are prudent principles for peacemaking? What do expert HR leaders understand that makes resolution positive and developmental? Participants will learn from a veteran consultant:
- Principles for positive conflict resolution
- Insights gained from experience and research.
- Warnings to heed and mistakes to avoid
Learn More Here
Visit us- Booth 119 – ABHE Annual Meeting!
About the Speaker
Mark A. Griffin is the founder and chief consultant of In HIS Name HR LLC, a human resources outsourcing and career coaching firm created to help organizations pilot the complex issues of managing HR.
As a human resources professional with 20-plus years of experience in both public (Quaker Oats Company, Kodak Inc., Merck Inc.) and private companies (Woolrich, Conestoga Wood Specialties, Valco Companies Inc.), Mark is passionate about building high-performance workplaces by utilizing best practices while leading organizations with strong values.
Mark and his wife Gail have two adult children, and and attend LCBC Church. Mark has coached leaders on “Business as Mission” as far away as Eastern Europe, India, Haiti, Honduras, Nicaragua and the Dominican Republic.
Speaker, accomplished HR consultant, and the author of How to Build “Kingdom-Minded” Organizations and College to Career: The Student Guide to Career and Life Navigation, Mark A. Griffin encourages leaders to build values-led organizations during these increasingly complex times.
Personality clashes and disparate problem-solving styles are all too common, even in the most motivated organizations. Someone’s true character is often revealed in the way in which he or she acts and reacts in situations with others. The ripple effects can be devastating. They can even dam up the works altogether if you don’t take action—the right action.
Most conflicts stem from misunderstandings. By being proactive and decoding the personalities in your organization—that is, working to understand the different ways in which people see and understand the world while interacting with others, you can help your employees to work together harmoniously. When employees have a strong grasp of the personalities of their colleagues, they can leverage each other’s strengths and sharpen one another (Prov. 27:17).
Read The Full Post Here
Is Your Camp Struggling?
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Is employee turnover too high?
Is finding the best talent too expensive?
Is workplace productivity a problem?
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This blog series focuses on nine areas that keep employees committed to your organization. In our opinion, employees stay committed when they are Involved, Paid Well, Asked for Input, Challenged, Empowered, Trusted, Valued, Appreciated, and Mentored.
Do You Mentor Your Employees?
There are many factors that affect employee motivation and performance in the workplace. Although often overlooked, mentoring is one such factor. Mentored employees are employees who feel valued. As such, a mentorship program in your workplace is vital to employee happiness. In fact, workplace mentorship could be the catalyst you need to help your employees drive high performance.
What Is Workplace Mentoring?
Workplace mentoring is an organized learning partnership with employees. It involves sharing information, insights, knowledge, and experiences. The aim? To increase productivity and employee value.
All successful organizations have one trait in common—great leaders. But it doesn’t end there. To build a sustainable success, leaders must share their knowledge and values with employees. Mentoring is an effective way to pass on this knowledge.
Mentoring shouldn’t be restricted only to new employees. Even tenured employees often need guidance. The personalized leadership provided by a mentoring program can yield great rewards.
Why Is Workplace Mentoring Important?
Mentorship is vital to the culture of large enterprises and small organizations alike. A study conducted by the Chronus Corporationshows that mentorship programs are popular with Fortune 500 companies. In fact, about 71% of these companies offer organized mentorship programs. Another study, among Millennials, reveals that more than 79%think mentoring is crucial to attaining their career goals. But what benefits can you derive from having a mentorship program in your workplace?
To get the best results from your employees, there is no doubt you need to train them well. But the training doesn’t have to be through crash courses or organized seminars. Some of the most valuable knowledge we pick up as humans comes through informal settings.
A mentorship program provides the training avenue employees need. It’s through mentoring that employees gain or update the knowledge needed to perform at work.
Infusing Leadership Skills
Leadership is one of those skills that can’t always be learned effectively in a classroom. A mentoring program, however, is a great avenue through which employees can pick up invaluable skills. This can prove to be of great benefit to the organization in the long run, as a new generation of leaders is already saddled to handle the reins. Transitions can therefore be smoother and retirement gaps easier to fill.
From a managerial perspective, reduced attrition is the most important benefit of a mentorship program. A potential for growth and development is one of the major motivational factors that ensure employees stick with an organization.
A mentorship program gives employees a necessary sense of belonging. Employees in a mentorship program believe they have a great potential for career progression, which helps them experience their work as rewarding and keeps them contentedly right where they are.
Putting a Mentorship Program in Place
So, think about this again: Do you mentor your employees? If your answer is no, or your yes carries a tinge of uncertainty, you have yet to maximize the productivity of your employees. Organize a mentorship program today. Get your HR department involved, develop a brilliant program, and watch as you achieve results you didn’t think were possible.
In HIS Name HR helps organizations build high-performance Human Resources programs. Visit them at In HIS Name HR or e-mail them here.
Mark A. Griffin is the founder and chief consultant of In HIS Name HR LLC. Connect with him on LinkedIn or Twitter.
Is your organization unknowingly violating federal and state employment laws? If so, you’re not alone. Many unsuspecting professionals in both profit and nonprofit organizations manage via flawed human resource practices.
Why is being compliant with Equal Employment Opportunity Commission (EEOC) laws through proper HR practices important? Read the following cases to understand how organizations that thought they were doing things right discovered the hard way that they were not.
Large Company Cases
Target to pay $2.8M to upper-level applicants in EEOC settlement
Tests for upper-level jobs screened out blacks, Asians and women, EEOC says.
Target Corp. has agreed to pay $2.8 million to thousands of rejected job candidates for upper-level positions because tests they were given disproportionately screened out applicants based on their race or gender.
The payout was announced Monday by the Minneapolis Area Office of the U.S. Equal Employment Opportunity Commission (EEOC) and will be disbursed among more than 3,000 people, said Julie Schmid, acting director for the agency in Minneapolis. Source
BMW to Pay $1.6 Million and Offer Jobs to Settle Federal Race Discrimination Lawsuit
GREENVILLE, S.C. – The U.S. District Court for the District of South Carolina today entered a consent decree ordering BMW Manufacturing Co., LLC (BMW) to pay $1.6 million and provide job opportunities to alleged victims of race discrimination as part of the resolution of a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit, filed by EEOC’s Charlotte District Office, alleged that BMW excluded African-American logistics workers from employment at a disproportionate rate when the company’s new logistics contractor applied BMW’s criminal conviction records guidelines to incumbent logistics employees. Source
United Airlines to Pay over $1 Million To Settle Disability Lawsuit
Supreme Court Lets Stand 7th Circuit Ruling That Reassignment Is Reasonable Accommodation
In a case that garnered nationwide attention, air transportation giant United Airlines Inc. has agreed to pay more than $1 million and implement changes to settle a federal disability lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).
The EEOC’s lawsuit charged that United’s competitive transfer policy violated the Americans with Disabilities Act (ADA). The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would impose an undue hardship for the employer. By requiring workers with disabilities to compete for vacant positions for which they were qualified and which they needed in order to continue working, the company’s practice frequently prevented employees with disabilities from continuing employment with United, the EEOC said. Source
Small to Medium Sized Company Cases
Stack Bros. to Pay $140,000 to Settle EEOC Age Discrimination and Retaliation Suit
Employees Were Fired at Superior, Wis., Firm for Turning 62, Federal Agency Charged
MADISON, Wis. – Stack Bros. Mechanical Contractors, Inc. of Superior, Wis., a major heating and plumbing contractor in northern Wisconsin and northern Minnesota, will pay $140,000 and furnish other relief to settle an age discrimination and retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
According to EEOC’s suit, Stack Bros. discriminated against Randy Virta and Karen Kolodzeske by firing them when they turned 62 in 2014. Stack Bros. also retaliated against Kolodzeske for resisting its plans to fire her, EEOC alleged.
According to Julianne Bowman, director of the EEOC’s Chicago District, which includes Wisconsin, the agency’s pre-lawsuit investigation revealed that both Virta and Kolodzeske repeatedly warned Stack Bros.’ owner that his plan to fire them when they turned 62 was illegal. However, the owner refused to relent, and, after firing Virta, retaliated against Kolodzeske for her complaints by denying her a raise, suspending her without pay for two days and creating a hostile work environment while waiting for her to turn 62. Virta and Kolodzeske had worked for Stack Bros. for 16 and 25 years, respectively. Source
Texas Oil Field Services Company Pays $30,000 to Settle EEOC Retaliation Suit
Only Female Roustabout Fired for Reporting Sexual Harassment, Agency Charged
DALLAS – An Iraan, Texas oil field construction and services company will pay $30,000 and furnish other relief to settle a retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
The EEOC’s suit, filed in U.S. District Court for the Western District of Texas, Pecos Division (4:14-CV-00073-DAE), charged that Garrison Contractors, Inc. fired its only female roustabout, Elma Garza, after she reported being sexually harassed on the job.
Hired by the company in January 2012 as a dump truck driver, Garza spent most of her employment as the company’s only female oil field worker. In this roustabout position, Garza worked side by side with her male co-workers fixing oil and gas leaks, digging ditches and cleaning heavy equipment. EEOC said that during her employment, Garza was subjected to lewd comments about female organs and sex. EEOC contends that when Garza reported the unwanted conduct, the company retaliated against her by terminating her.
Retaliation for reporting sexual harassment violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. Source
EEOC Sues Seymour Midwest for Age Discrimination
Agency Alleges Company Rejected an Applicant Older than Its Ideal Age
INDIANAPOLIS — Seymour Midwest, a Warsaw, Indiana, hand tool manufacturing company, violated federal law when it rejected a 58-year-old executive upon learning that he was older than the company’s ideal age range of 45-52, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.
According to EEOC’s suit, Seymour Midwest selected Steve Maril, from a pool of applicants for its senior vice president of sales position, to participate in an initial, email-based interview. In addition to questions about Maril’s experience and willingness to relocate, the company asked whether Maril was within its ideal age range of 45-52. When Seymour Midwest learned that Maril was older than its ideal age range, the company refused to hire him. Source
Church and Nonprofit Cases
EEOC Sues United Bible Fellowship Ministries for Pregnancy Discrimination
Organization’s Policy Requiring Pregnant Employees to Resign Is Discriminatory, Federal Agency Charges
HOUSTON – United Bible Fellowship Ministries, Inc., an organization that provides faith-based, community social services, violated federal law when it forced female employees out of their jobs because of their pregnancies, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.
According to the EEOC’s suit, Shamira Johnson worked as a resource technician, providing home care assistance to disabled individuals. Her duties included housecleaning, light laundering, administering medication, cooking and assisting with personal hygiene and grooming. United Bible terminated Johnson and other pregnant employees according to its “Pregnancy in the Workplace Policy” which required pregnant women in direct client-care positions to stop working during their pregnancy and reapply for a vacant job once they were no longer pregnant. Johnson did not return to work at United Bible after her pregnancy. The policy also unlawfully required applicants to disclose their pregnancy when applying for employment. Source
Inconsistencies in Termination Decision Wipe out Employer’s Victory
The U.S. Court of Appeals for the Seventh Circuit recently erased the victory of the Good Samaritan Ministries in an employee termination case, Ledbetter v. Good Samaritan Ministries, et al., — F.3d —- (7th Cir. Feb. 6, 2015), sending the case back to the trial court for further litigation.
The employee, Linzie Ledbetter (male), worked in a homeless shelter and food pantry. After a shelter resident complained about Ledbetter’s alleged threat to evict her, Ledbetter’s supervisors met with him and warned him that such behavior could result in disciplinary action, including termination. As a result, Ledbetter filed an EEOC charge—and later, a federal lawsuit—claiming race discrimination and retaliation under Title VII of the Civil Rights Act of 1964.
Shortly thereafter, Ledbetter filed a second EEOC charge for race discrimination and was subsequently warned again about his behavior toward the shelter residents and toward his co-workers. The day after his supervisors learned of the second EEOC charge, they fired Ledbetter, prompting a third EEOC charge and another lawsuit for retaliation.
In the trial court, Good Samaritan Ministries and its supervisors argued that Ledbetter’s termination was not prompted by the second EEOC charge, because they had decided to fire him five days before they even knew of the charge. The trial court agreed with their argument and granted summary judgment in their favor. Source
King’s Way Baptist Church Sued By EEOC for Retaliation
Kindergarten Teacher at Church’s Christian School Fired for Complaining About Sexual Harassment by Pastor, Federal Agency Charges
ATLANTA – The King’s Way Baptist Church, Inc. of Douglasville, Ga., violated federal law when it fired a kindergarten teacher at its King’s Way Christian School for reporting sexual harassment by its chief executive officer / pastor, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed recently.
According to the EEOC’s complaint, the pastor repeatedly subjected the teacher to sexual harassment by touching her inappropriately and made veiled threats to her if she should complain. When the teacher complained about the harassment, rather than taking measures to prevent any further harassment, King’s Way fired her.
These actions violate Title VII of the Civil Rights Act of 1964, which prohibits employers from firing, demoting, harassing or otherwise retaliating against employees because they complained to their employer about discrimination on the job. EEOC filed suit (EEOC v. The King’s Way Baptist Church, Inc., Civil Action No. 1:15-cv-03816) in U.S. District Court for the Northern District of Georgia, Atlanta Division after first attempting to reach a pre-litigation settlement through its conciliation process. EEOC is seeking back pay and compensatory and punitive damages for the former teacher, as well as injunctive relief designed to prevent future discrimination. Source
Miscellaneous Cases Of Interest
Employers Beware: EEOC Stepping Up Disability Discrimination Enforcement
On the heels of that news, 10 of the 22 lawsuits filed or settlements reached by the EEOC in May included allegations of disability discrimination. That’s a .455 batting average for the ADA, which is none too shabby in anyone’s book. Some of the issues addressed by the EEOC in the past month include:
A $72,500 settlement with an Akron, Ohio, medical transportation services company, which fired an EMT-paramedic with multiple sclerosis instead of providing additional leave as a reasonable accommodation.
A $110,000 settlement with Norfolk Southern Railway Company, which medically disqualified a track maintenance worker because of degenerative disc disease without doing an individualized assessment of whether he could perform the essential functions of his job.
A $90,000 settlement with a Tennessee nursing home facility, which terminated an HIV-positive nurse.
An $18,000 settlement with an Alabama athletic apparel retailer, which fired a legally blind sales clerk (who lost his full use of his sight while serving in the Army) without any consideration of whether an accommodation, such as a magnifying glass or a new computer monitor, might be reasonable. Source
At In HIS Name HR LLC our primary role is to assist the client to identify needs, develop an action plan and facilitate change to enhance the success of your organization. Our management, human resource, and training services are designed to improve quality, safety, productivity, efficiency, and communication while improving employee morale.
With our vast experiences spanning many industries we will create the HR programs that will drive excellence. Contact us today. You will be glad you did.
Don’t be left unprepared. Contact us today. You will be glad you did.
No organization, no matter how well run, is immune to employee workplace complaints. Whether you employ fewer than 50 employees or manage thousands, some form of complaint will inevitably be filed at some point in your organizational existence. In our diverse experience with for-profit and nonprofit organizations, including colleges, universities, churches and ministries, we have witnessed complaints in a variety of areas, including:
- Discrimination, such as on the basis of gender, disability, religion, race and age.
- Harassment (sexual and non-sexual)
- Theft and other ethical impropriety
- American with Disabilities Act
- FMLA and medical-related leave issues
With the potential liability being so high, and the risk of negative publicity, the benefits of using an outside investigator are apparent: Outside investigators provide your organization credibility, privilege (confidentiality) protection and, most importantly, protect against employee perception of any retaliatory action by management.
Using an outside investigator highlights that you, as an organization, take concerns of misconduct seriously. This proves to employees that you want to objectively find out what really happened and are willing to accept the consequences. An outside investigator is an independent fact-finder who plays no part in any next steps of discipline or future advancement opportunities. The investigator arrives at the workplace with a well-defined and articulated role: to objectively perform fact-finding, which includes collecting facts about a specific complaint and potentially any related complaints that might surface. That’s it.
An outside investigator’s only responsibility is that of a fact-finder. Why is this important? Because internal HR staff or management personnel would likely, when investigating, be viewed as less objective than an outside, neutral fact-finder. That means their investigation may never attain the credibility and objectivity required to withstand later scrutiny, should the matter reach employment litigation.
Conducting a prompt, impartial and thorough investigation provides a solid affirmative defense to allegations of harassment and other misconduct, whereas when an investigation is performed by in-house or outside counsel, a conflict might arise, should litigation ensue. If the organization wants to use that investigation to show it did the right thing, a legitimate endeavor, it may find it has to waive attorney-client privilege with respect to strategic conversations. Using an outside investigator provides a bright barrier separating those sensitive discussions from the investigative process, so privilege can still be preserved.
When an investigation is offered as evidence that an employer responded appropriately to a complaint, the investigator might well be called as a witness at trial. If that investigator is also counsel for the organization, representation on that matter will likely be problematic. By using an outside investigator, the emotion is taken out of the equation. In His Name HR’s experienced investigators are independent of your organization, and that means no conflicts in terms of representation exist.
In His Name HR’s investigators are also well prepared for the eventuality of deposition or trial testimony. When the In His Name HR investigator is called, the employer feels confident because this investigator has conducted dozens of similar investigations where, in some instances, policy violations were found to have occurred and, in others, they did not. Our investigators refrain from using words like “we” and “us.” It becomes obvious to both judge and jury that there is no relationship that would cause the investigation to be guided in the organization’s favor. An outside investigator does not represent the organization, and their statements will be limited only to what they learned in the investigation—nothing else.
An employee who raises a concern is often poised to feel that the organization will retaliate against them for filing a complaint. Yet, in our experience, most human resources managers and other authority figures do not treat employees differently when concerns are aired about the organization, or even about individual managers.
Still, a complainant who has been overlooked for promotion months after the complaint may see things differently. We have met employees who participated in internal investigations who said that the internal investigator now “sees me as a problem or a complainer.” Most internal investigators are trained and prepared for this. However, whether real or perceived, it is an issue. Even if the internal investigator actually can separate what was said in the complaint, and operate objectively going forward, participants will likely never be convinced that the internal investigator can “unhear” what was said and not be influenced by it. On the other hand, using an outside investigator allows the organization to conduct a full investigation while the organization and employees carry on the business at hand without perceptions about the process weighing down the employee population.
Retain an Investigator
Cause for concern? It should be. We are all working in difficult times. Complaints are increasing almost daily. HR departments are overburdened. With the news escalating in the media surrounding harassment, discrimination and hostile work environments, employee complaints have now reached record levels.
Let us allay your concerns. Reach out to us and discuss having a trusted partner to help guide you and your Team in the event a complaint arises.
Contact us today. You—and your employees—will be glad you did.
In His Name HR helps organizations build high-performance human resource programs. Visit them at In HIS Name HR or e-mail them here.
Mark A. Griffin is the founder and chief consultant of In His Name HR LLC. Connect with him on LinkedIn and Twitter.