Click to view video message from GMA SHRM President, 
Brittany Hanson, MBA, PHR
 

Hi GMA SHRM Members, 

Our Virtual Human Capital Conference was a monumental success.  A tremendous amount of work went into this event - I am so proud of everyone involved - we hope you found value in the event!
 
The work never stops!  The September *Virtual* Professional Development Summit is right around the corner!  Join us on September 15th and hear from our speakers on topics of Emotional Intelligence and Building Organizational Change agility.  These topics are PERFECTLY TIMED considering the world we are in right now.  This virtual event is FREE for members - guests grants are available. Register today!
 
GMA SHRM's 2021 Call for Presenters is officially open - if you know great speakers, or are one yourself, complete the CFP survey today!
 
National SHRM is doing so much right now - including launching a campaign called Together Forward at Work, aimed at combating systemic racism and bias in the workplace.  I love being both a National and Local SHRM member - visit shrm.org to learn more. 
 
As always, GMA SHRM is here to support the growth and development of your HR Career - we will keep working hard to provide valuable learning and networking opportunities for you during the pandemic, and beyond. 
 
Thanks and  be well!

 
 
Take care,
 
Brittany Hanson, MBA, PHR
President
GMA SHRM

COVID-19 Resources

NLRB Recent Decision:   Employer Discipline and Employee Right to Engage

Submitted from Brian P. Goodman, GMA SHRM Programming Member, and Sarah J. Horner, both Attorneys at Boardman & Clark LLP

Brian P. Goodman

Sarah J. Horner

In a recent decision, the National Labor Relations Board (NLRB) modified the standard for determining whether an employer unlawfully discharged or disciplined an employee for abusive or vulgar conduct while the employee was engaged in activities protected by Section 7 of the National Labor Relations Act (NLRA). Section 7 of the NLRA protects employees' rights to, among other things, engage in protected concerted activity. Protected concerted activity is activity done on behalf of other employees concerning their interests as employees. Section 7 protections apply to all private employers and are not limited to union-related activities. For example, an employee in a non-union workplace bringing a concern about workplace safety to a manager’s attention on behalf of other employees is engaging in protected Section 7 activity.  Employees are often passionate when they engage in Section 7 activity, leading employers to wonder when employees have crossed the line and engaged in unprotected abusive or vulgar conduct.
 
Previously, the NLRB applied one of three different setting-specific standards to determine if an employee’s abusive or vulgar conduct was sufficiently egregious to fall outside the protections of Section 7. Now, the NLRB will apply the more familiar Wright Line standard when an employee engages in abusive or vulgar conduct that might also be protected by Section 7.
 
The Wright Line standard uses a burden shifting framework to determine whether an employer was unlawfully motivated by an employee’s protected activity when taking disciplinary action for abusive or vulgar conduct. The employee must first show that (1) the employee engaged in Section 7 activity, (2) the employer knew of the activity, and (3) there is sufficient evidence that the employer had animus toward that activity to establish causation. If the employee makes this case, the burden shifts to the employer to prove that it would have taken the same disciplinary action in the absence of the Section 7 activity. If the employer meets this burden of proof, the employer is not liable unless the employee can prove that the employer’s proffered reason is pretext for animus against the Section 7 activity.
 
Using the Wright Line standard to address offensive or vulgar outbursts in the course of protected activity might result in greater consistency and predictability in NLRB decisions. The burden shifting framework is also easier for many employers to understand because it mirrors an employers’ burden under many antidiscrimination laws. This decision might also help employers balance their obligations under Section 7 with their obligations under antidiscrimination laws because offensive or vulgar conduct might violate an employer’s nondiscrimination policies. Finally, this decision should reassure employers that they may discipline or terminate employees for unacceptable abusive, or vulgar conduct, even if that conduct relates to an employee’s Section 7 activities provided the employer disciplines or terminates employees consistently for such conduct.

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Controversial Gene Therapies and how Employers and Insurers could push for Change!

Submitted by Al Wearing, Chief Business Development Officer at Group Health Cooperative of South Central Wisconsin*
 
There are some new remarkable therapies on the horizon in the classification of genetic therapies. There are many in the pipeline with the potential to cure or minimize complications from many debilitating diseases. This represents the dedication and ingenuity of physicians and scientists from all over the world. The determination of the cost of these therapies is going to be very controversial. 
 
The most recent approved gene therapy from the FDA is Zolgensma. It is a breakthrough for children diagnosed with Spinal Muscular Atrophy (SMA). It is truly an awful and devastating diagnosis for any parent to hear that their child has SMA. SMA is a progressive deterioration of the function of the muscles that control chewing, chest wall, arm and leg muscles and it eventually leads to problems that require the person to be in a wheelchair. The progress of SMA creates difficulty in swallowing, muscle weakness to the extent that there is an inability to walk, numbness in various parts of  the body, eventual respiratory issues, and involuntary contractions and twitching of the body. Primarily, it guarantees a life bound to a wheelchair, and the life span for a child with SMA is anywhere from 2 to 20 years. It is a cruel diagnosis and quite frankly not fair. 
 
Let me tell you about the potential miracle of Zolgensma for these families. If a child diagnosed with SMA can be administered Zolgensma before the age of two, mostly because the disease progression does not begin generally until past that age, it has been demonstrated the gene therapy can cure SMA and the child has a marvelous chance to live a relatively healthy and normal life. The current prognosis for any such child is that there really is not anything we can do for them (there is an exception with a drug called Spinraza but it requires multiple and painful injections throughout childhood). One dose of Zolgensma replaces that heartbreak for parents. 
 
So, what’s the problem? Zolgensma, and probably most other genetic therapies in the pipeline are incredibly expensive. A dose of Zolgensma costs $2.1 million. Who wants to be the insurer or self-funded employer who denies this proven lifesaving treatment for one of their employees?  The insurance industry has a few methods to make Zolgensma inaccessible, including designating it as experimental, or listing gene therapies as an exclusion in the policies. Just think of the public relations nightmare when an insurer or employer uses any of these tactics to deny the treatment of Zolgensma to a recently diagnosed child less than two years old with SMA! 
 
What are the responsibilities of employers to finance these new therapies? How does the pharmaceutical industry arrive at such prices? Is the actual cost of goods sold, plus the R&D allocation actually $2.1 million?  These are difficult questions to answer as well as ethical dilemmas. Pricing for these miraculous treatments are not based on the cost of goods sold, plus an R&D allocation, they are based on the long-term expectations of benefit to the patient and payors, which are essentially being replaced with the price of the treatment. Is that right and ethical? In most industries, new procedures or processes are developed to improve productivity and reduce cost, and to deliver to the consumer a better product at a better price. It does not work that way in the pharmaceutical industry. Zolgensma is just another example of a pricing philosophy that seems to be driving the pharmaceutical industry in a wide variety of new and existing medicines. 
 
Both employers and insurers may want to consider changing that dynamic, at least for these extremely expensive medicines and therapies which have tremendous potential to save and improve lives. It could be considered another way to identify a value-based payment mechanism. The pharmaceutical industry should be willing to accept payment over a long period of time to account for the long time period of their savings projections throughout the life of the patient. Payors, both insured and self-insured, do not have the capability to spread out the cost of the medicine or treatment for the same length of time the pharmaceutical industry used to determine factors to set their price. The method of pricing determination extends over a long time, yet the payors need to pay for that entire time in a single payment. It does not seem quite fair. There should be a required time frame for full payment, sort of like a mortgage agreement, for reimbursement of the expected cost savings for the patient for the same length of time as the calculation of these savings. In my opinion, , there should also be a clause that if the treatment did not deliver the results prior to the end of the estimated savings time frame, there should not be any continued payments beyond that determination. 
 
The pharmaceutical industry has developed not a totally unreasonable pricing philosophy based over time, and the payors should also have the same opportunity to pay for the treatment or service over the same period of time. As Human Resource leaders, it is important that you comprehend the nature of these pricing decisions, and develop alternatives to the traditional pay up front process that are normally and traditionally acceptable for payment except in these areas of extraordinary pricing philosophies. It would be the most logical way to finance a long-term pricing philosophy, and it minimizes the need for employers, ilnsurers, and third-party administrators to face the dilemma of approving or denying these types of life saving therapies.
 
 *The contents of this article represent the views of the author and does not necessarily reflect the views, beliefs or opinions of Group Health Cooperative of South Central Wisconsin and its management.

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Professional Development

The 2020 Human Capital Conference - Virtual... and Real Success!

If at first you dont succeed, postpone a month, then two more and then go virtual!

On April 10 & 11 we took our usual in person program held at the Alliant Energy Center and took it virtual.   It was a bold move for a chapter our size but with the unwaivering support of our sponsors, a dedicated committee and an outstanding community of HR Professionals, we made it happen!

First we have to thank the outstanding effort of our Human Capital Conference Committee led by Director Dana Denny.  Committee members are Ann Wetley, Anita Herrick, Brian Goodman, Gail Johnson, Julie Kuprianczyk, Susan Gafner, Jessica Zych, Jane Maule, Raj Vaidyanathan, Sarah Hart, Laura Bermudo, Chris Storlie, Faith Graf and Chapter Administrator Christopher Dyer.

Our record audience of 275 attendees saw 6 programs over the two days on timely topics of leadership, diversity and HR legal updates.  With the cancellation of the State Conference announced 2 weeks before the HCC, we were able invite other SHRM chapters to attend.  The 7 chapters and 45 attendees were very appreciative to have content from a trusted SHRM that is going through the same challenges they are. 

We learned many things along the way including the complexity of creating a virtual event.  Delivering value for attendees and sponsors, technical/bandwidth considerations, speaker connections and a format to keep people engaged were all priorities of the committee and production. Below are a few pictures of the 11 laptops, 6 video screens and production company (Majic Productions) used as Christopher from MDS Association Management served as production central for the Conference.
 

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September 15th PDS Focus on Emotional Intelligence and Organizational Change

Session 1:  Emotional Intelligence: Planning for Emotions		Session 2:  Building Organizational Change Agility – HR’s Role in Successfully Leading People Through Change
Presented By:  Roger Wolkoff •8:00am-10:00am		Presented by:  Rachel Breitbach, FarWell •10:15am-12:15pm
Participants will learn to:    Define emotional intelligence and explain its value in work and team performance. Identify which of the four areas (self-awareness, self-management, social awareness, and relationship management) you excel and opportunities to improve after taking and scoring a self-assessment. Integrate emotional intelligence strategies develop a personal awareness and change plan.		Participants will learn: The fundamentals of change management through a simple framework. Techniques to develop change leadership capability within your organization’s leaders to proactively address the “people side” of change. Obtain a ready-to-use plan and tools for introducing the concept of change management to your HR team and implementing this new capability within your organization.

 

  
 

Workforce Readiness & Diversity

The New Theory of Change:  The Inclusive Leader Continuum (Part 2)

Submitted by Mary Vesely (Moua), Employee Engagement & Inclusion Manager at Fairway Independent Mortgage Corporation and GMA SHRM Director of Diversity

Diversity and Inclusion continues to be a very hot topic given our current climate. Last month, I shared from Jennifer Brown’s Book “How to be an Inclusive Leader” discussing what it means to be an inclusive leader and why it matters. In this newsletter I will continue sharing from her book as she explains the New Theory of Change: The Inclusive Leader Continuum.
 
Read on to learn more! You can buy her book on Amazon here.
 
A New Theory of Change: The Inclusive Leader Continuum
The stages of the Inclusive Leader Continuum illustrate how anyone can begin to shift their thinking, gain new perspectives, use their voice, and take meaningful action to create cultures of belonging.
 
Insert Inclusive Leader Continuum graphic
 

• Phase 1: UNAWARE
  • You don't notice or understand that certain demographic groups, or those with specific backgrounds and experiences, have a much harder time thriving at work.
  • You think diversity is compliance related and simply tolerate it.
  • You are disengaged around diversity and inclusion and/or uninterested in it.
  • This resistance may be silent or public.

 

• Phase 2: AWARE
  • You realize the playing field is not level in the workplace or in other group or organizational contexts.
  • You have been blind in some ways to inclusion.
  • You are beginning to understand other people's perspectives and stories.
  • You are working through your own stories and biases.

 

• Phase 3: ACTIVE
  • You are proactively working toward equity and equal opportunities, supporting those with under-represented or marginalized identities, backgrounds, and experiences.
  • You are pushing outside of your comfort zone, building new muscles
  • You are finding your voice as your inclusive actions become more visible and you shift your priorities.

 

• Phase 4: ADVOCATE
  • You are becoming a voice that is capable of transforming biased systems and sparking meaningful, widespread, and scalable lasting change
  • This stage is hallmarked by brave public actions that challenge deeply rooted beliefs and practices.
  • You are taking some calculated personal or professional risk to shift behaviors.

 
We all currently reside somewhere among these stages when it comes to our general mindset and daily actions, and there are no judgements about where you find yourself today. Some inclusive leaders bloom late in life into the desire to change and grow - maybe thanks to a single point in time or an aha moment, or a series of realizations over time - while others grow up already more attuned to the world around them and the part they have to play (based on life experiences, upbringing, who you are surrounded by, teachings, etc.).
 
These stages are revisited multiple times, based on various subjects (i.e. military veterans' unique challenges and opportunities when they re-enter the civilian workforce) where you might start at the beginning of the continuum.
 
It is not a linear journey that we travel only once. We travel forward and backwards many times as we learn, make mistakes, and grow. It can help to think of your growth toward becoming an inclusive leader, similar to a new habit you want to build, and then grow comfortable with being a bit (or very) uncomfortable along the way.
 
FREE ASSESSMENT: I highly recommend taking this assessment to see where you fall in the continuum based on Prioritizing Inclusion, Awareness of Intent vs Impact, Embracing Change, Bias Awareness and Language.
This assessment includes steps you may take in order to move forward towards inclusion: https://dei1.jbconlinelearning.com/self-assessment/
 

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9/17/2020 Drive Thru Job Fair – Looking to Hire!

Submitted by Jennifer Brikowski, Employment & Training Specialist – Lead for DWD/State of Wisconsin, and GMA SHRM Director of Workforce Readiness


On July 15, 2020, the Workforce Development Board of South Central Wisconsin, along with Job Service, hosted a drive thru job fair at Warner Park here in Madison.  We had 38 employers participate and 334 job seekers attended this event.  We are planning a second event at the Alliant Energy Center or possibly another location in Madison for September 17.  If you are interested in participating, please email Jennifer Brikowski.  Once the details are finalized you will be sent an email with all the information you will need.  For the last event employers who did not attend provided us a letter sized flyer that we distributed in a bag for the job seekers.  That is the plan again for this event.  Please reach out to Jennifer with any questions.
 
Jennifer.brikowski@dwd.wisconsin.gov
 

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GMA SHRM welcomes the following members who joined our chapter in June 2020!

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Member Awards and Recognition

Congratulations to Gail Johnson, GMA SHRM Member and Volunteer! Gail was featured in In Business as the Profession of the Week on August 4^th. Read the full article here!


Have you recently earned a professional achievement award? If so, we want to hear about it. 
If so, we want to hear about it. Send us an e-mail, and we’ll publish your good news in the next HR InTouch!  

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In Transition

If you are a member who is in between jobs, or who is currently employed but seeking new positions or career paths, write us a brief description of your skill set, areas of expertise, what you’re looking for, etc. Send us an e-mail. We’ll publish your information in the next HR InTouch.

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HR InTouch Guidelines

Article Writing:

Do you have an interest in writing for the HR InTouch? We have an interest in learning more about your area of expertise!

Why should you volunteer? Top three reasons: 1) to share your knowledge and experiences to educate others; 2) to become more connected in the HR and Dane County communities; and 3) to contribute towards the advancement of GMA SHRM and the HR profession.

The first step is for you to choose a submission option: you can pre-submit an article to GMA SHRM at any time for us to use in any of the upcoming newsletters, you can sign up to write for a particular month, or we can put you on a list of people to contact in future months whenever we need articles.

Article length:

Because the HR InTouch is now in an online format, the size is flexible. The article should be engaging and hold readers’ attention. Include the core information in your article, and we will advise if it is too lengthy.

Solicitation:

GMA SHRM is conscious not to allow solicitation through the articles, in an effort to protect the interests of our partners and members. The nature of the article should be educational (i.e., what are the business advantages of having a product like yours) or informational. Otherwise, if you truly are interested in advertising through the HR InTouch, you can work with our Marketing Committee. As a rule of thumb for article writing, if the submission relates to a for-profit event, or specifically markets your company (vs. your industry), it is an advertisement, and should be purchased. If it is a not-for-profit event that your company is hosting, or an announcement (i.e., a SHRM member recently joined your company), it is an acceptable addition to the HR InTouch content. If you have any questions related to the appropriateness of your submission, please contact us.

If you have questions, or to submit an article, contact GMA SHRM at chapteradmin@gmashrm.org .