June
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HR InTouchThe Monthly Newsletter of the Greater Madison Area SHRM |
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In This EditionPresident's Message
Understanding the Limits on Using Arrest Records in Employment Decisions Professional Development and Events Our Next Professional Development Summits The Wheel Compensation & Benefits Are You a Comp Enthusiast? Workforce Readiness, Diversity & Inclusion Helpful Link from Wisconsin DWD: Wisconsin Fair Employment Law Diversity Observances in June DEI Highlights DEI Recruitment Guide
Volunteer of the Year Recognized at Human Capital Conference Welcome New Members!
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Greetings, GMA SHRM Members and HR Professionals! Government Affairs & Legal Updates Understanding the Limits on Using Arrest Records in Employment Decisions
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Brian P. Goodman |
Sarah J. Horner Storm Larson |
The Wisconsin Fair Employment Act (WFEA) generally prohibits employment discrimination on the basis of an individual’s arrest or conviction record, subject to certain exceptions. A recent decision from the Wisconsin Court of Appeals clarifies the distinction between what qualifies as an “arrest” versus a “conviction.” In Vega v. LIRC, the court held that deferred entries of judgment and deferred prosecution agreements constitute part of an employee’s arrest record and do not qualify as conviction records under the WFEA.
This means that employers may avail themselves of the independent investigative procedure applicable to arrest records previously outlined in Onalaska v. LIRC to potentially deny employment to an applicant or terminate an employee. In Vega, the employer interviewed the employee as part of its independent investigation and asked questions about certain deferred entries of judgment but did not ask about guilty pleas the employer learned about. This was likely because the guilty pleas qualified as convictions, which could not be the basis for terminating an employee unless the employer could show the conviction was substantially related to the job in question. During the meeting, the employee admitted that all alleged conduct that formed the basis for the deferred entries of judgment was true. Thereafter, the employer terminated the employee.
According to the court of appeals, the deferred judgments were a part of the employee’s arrest record because there had been no final determination as to guilt. Therefore, it was lawful for the employer to do an independent investigation of these felony charges and to terminate the employee based on the results of that independent investigation, which included key admissions by the employee. The court also held that the employer’s interview with the employee constituted a sufficient independent investigation.
Vega illustrates the complexity and technical difficulty of properly navigating arrest/conviction discrimination situations. Employers should reach out to legal counsel in these situations for assistance in navigating this challenging area of employment law.
Focus: Total Rewards/Recruitment
Alliant Energy Center
Program Details Coming Soon
Focus: Retention
Alliant Energy Center
Program Details Coming Soon
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Submitted Raj Ravi - Director of Human Resources, Hooper Corp
On a biennial basis, our chapter commissions a Madison area Compensation Survey. The Compensation survey committee’s goal with this initiative is to provide HR professionals access to local compensation data, which is generally difficult to find (especially for mid to small size companies). Given the inconsistencies and changes the labor market has witnessed over the past couple years during the pandemic, the local compensation survey data provides much help to HR professionals in making strategic decisions regarding competitive pay practices for their organizations.
For the current survey (released in 2021), GMA SHRM partnered with Gallagher to commission a local area compensation survey. Through social networking, member emails, and phone reach outs, local companies across industries were encouraged to participate. This allowed participation from a cross section of industries and resulted in quality validation of data.
To maximize participant value, a tiered pricing based on organization size is offered. Additionally, HR professionals will have access to Gallagher's Upper Midwest and National general industry compensation surveys at a nominal additional cost.
The compensation survey is utilized by many HR professionals in the Greater Madison area. This local compensation data is viewed as a highly reliable reference point as HR professionals build competitive compensation strategies for their organizations, while navigating the pandemic.
We are always looking for compensation enthusiasts to join our committee. Please reach out to Raj Ravi if this is an area of interest!
Employee Protections Against Use of Honesty Testing Devices
https://dwd.wisconsin.gov/dwd/publications/erd/pdf/erd-10861-p.pdf
Wisconsin DEPARTMENT OF WORKFORCE DEVELOPMENT -
Submitted by Mary Vesely, Employee Engagement & Inclusion Manager at Fairway Independent Mortgage Corporation and GMA SHRM Director of Diversity
Why not have fun, celebrate diversity, learn about each other, and use these observances as themes to engage your team!
Have you visited our DEI Resources Page? Stay tuned for semi-annual updates on our downloadable document. We welcome any ideas/suggestions.
GMA SHRM returned to live in person programming for the first time since March 2020 at our May 17th Human Capital Conference! More than 200 GMA SHRM members, including members from Chippewa Valley SHRM and Blackhawk SHRM attended the event at Alliant Energy Center featuring 6 breakout presentations and keynote presentations from Joshua Evans and Darcy Luoma.
Conference Director Anita Herrick stated "being our first in person event in over 2 years, we did not know what to expect for a turnout. Over 200 attendees exceeded our expectations. The energy in the room was amazing!"
"I think this marks a return to professional development coming back to being a personal and business priority again for many. While virtual education has its place in the mix of education offerings, a steady diet of virtual education tends to end up on your second or third screen while you multitask" according to GMA SHRM Chapter Administrator from MDS Association Management.
Of the many highlights of the day, we were able to hand out some much deserved recognition to two people that have served our HR community and our chapter.
Carolyn Kuzuhara was named this year's Volunteer of the Year.
Board member Sarah Hart presented the award to Carolyn and stated "This year Carolyn has stepped in, led, and wore many hats. She has helped with social media posts, acted as editor of our monthly newsletter HRInTouch, planned our spring member welcome event GMA SHRM Revealed, and filled a board role as Volunteer Engagement Director. Carolyn, your volunteer heart and spirit are appreciated by our Board of Directors, our members and everyone here today."
GMA SHRM President Elect Laura Bermudo gave special recognition to our Immediate Past President Brittany Hanson, MBA, PHR for her years of service to GMA SHRM and its members. "Brittany stepped into the President line as President Elect in 2019-2020, as President in 2020-2021 and as Immediate Past President in 2021-22.
Probably not the typical years you had envisioned when you agreed to become chapter president. Brittany, your ability to collaborate and make change was instrumental in our shift to virtual events and guiding the chapter through the pandemic. Brittany, on behalf of our membership, please accept our thanks for your leadership."
Mandy | Ayers | SHRM-CP, PHR | Capitol Bank |
Kaye | DeMartino | BetterLife | |
Carrie | Falk | THE MARKET | |
Shannon | Halkoski | UW Madison | |
Martha | Johannsen | SHRM-SCP | Park Bank |
Kassandra | Kraemer | Dental Health Associates Of Madison | |
Darcy | Kubichka | SHRM-CP | Metcalfe's Market |
Katie | Lyons | Catholic Charities | |
Jason | Messer | Aspire Talent Group | |
Amanda | Murray | Atrium | |
John | Obligato | Activision Blizzard King/Raven Software | |
Charlie | Parker | Hausmann Group | |
Augusto | Perez | Exact Sciences | |
Alejandra | Quintana | TRICOR Insurance | |
Jenny | Ryan | NeuGen | |
Jessica | Schroeder | Aegis Corporation | |
Stacy | Smulka | SHRM-CP | |
Joseph | Stella | SHRM-CP | Enerpac Tool Group |
Miranda | Weber | Madison Gas and Electric | |
Jess | Zimbelman | SHRM SCP | ERDMAN |