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Feds to NJ employer: ‘That job termination violates the ADA’

A newly filed lawsuit says a New Jersey nursing home’s job termination of a longtime worker violated the Americans with Disabilities Act (ADA).

The employee’s lifting restriction did not prevent her from doing her job, the suit alleges, and the employer never talked to her to determine whether accommodation was possible – or even needed.

The U.S. Attorney’s Office for the District of New Jersey filed the suit against Roosevelt Care Centers, which is operated by a New Jersey public corporate body.

Roosevelt had two facilities, both in New Jersey.

The employee, whom the government’s suit does not name, began working in the laundry unit at one of the facilities in 1998.

When the laundry unit at that location closed in 2013, the employee moved to the other location. There, she took a position as a dietary worker.

Her new job involved working in the kitchen, preparing meals for facility residents. More specifically, she assembled meals onto trays, which were then loaded onto carts and delivered to patients’ rooms by porters. She also cleared trays that were returned to the kitchen from the rooms.

In early April 2016, the employee injured her right wrist and elbow while using a dishwasher at work.

A hand specialist diagnosed cartilage tear symptoms in the wrist and elbow, and the employee missed 56 days of work.

Job termination violates ADA, suit says

She was medically cleared to return to work with no restrictions at the start of June 2016.

Unfortunately, pain in the right elbow returned in September of the same year, this time accompanied by right shoulder pain. The hand specialist imposed a three-pound lifting restriction and said the employee could perform light-duty work.

The suit says the nursing home told the employee that it could not accommodate the lifting restriction and that she could not return to work.

A few weeks later, near the end of September, the hand specialist again cleared the employee to return to work with no restrictions.

Employer requires FCE

The nursing home then directed the employee to undergo a functional capacity exam. A third-party provider conducted the exam, basing its assessment on a job title listed within the Dictionary of Occupational Titles. That is a publication maintained by the federal Department of Labor.

Following that assessment, the provider concluded that the employee had a permanent lifting restriction of 20 pounds. It also determined that she could perform several functions performed by dietary workers.

After that assessment, the hand specialist cleared the employee to work with a permanent 20-pound lifting restriction.

According to the suit, an HR representative and administrative assistant at the nursing home told the employee they could not accommodate the lifting restriction – and terminated her employment because of it.

The suit asserts a single cause of action for alleged violation of Title I of the ADA, which bans disability discrimination in employment.

Varied relief sought

As relief, it seeks to enjoin the nursing home from engaging in discriminatory employment practices. It also asks the court to order the nursing home to modify its policies and procedures relating to Title I of the ADA, and to further order the nursing home to provide relevant training to its supervisors and HR staff.

It further seeks back pay, the value of any lost benefits, and compensatory damages.

The suit paints a picture of a classic ADA mistake: Declining to engage in a good-faith, interactive process to determine whether a disability-related accommodation can enable the performance of essential job functions – and more basically, to determine whether such an accommodation is even needed.

The suit’s allegations further implicate the need on the part of employers to fairly and accurately assess what the truly “essential” functions of a position are – and whether an employee’s (or job applicant’s) disability renders them unable to perform them, with or without accommodation.

What makes a job function ‘essential’?

To determine whether a job function is essential, ask these questions:

  • Does the position exist to perform the function?
  • How many employees are available to perform the function?
  • How much skill or expertise does the function require?

Written job descriptions can provide evidence as to whether a particular job function is essential.

Other relevant evidence, according to the EEOC, includes:

  • The actual work experience of others in the job.
  • The time spent performing the function. (Remember, though, that a function can be essential even if it is rarely performed.)
  • The consequences of not having the function performed, and
  • The terms of any applicable collective bargaining agreement.

If a job function is truly essential and the employee cannot perform it even with accommodation, the employee is essentially unqualified for the job. If that is the case — and reassignment to a vacant position is not a viable option — then an adverse action, such as termination, is unlikely to run afoul of ADA requirements.

But a knee-jerk conclusion that a particular disability-related restriction renders an employee with a disability unqualified – either because it is based on unfounded assumptions or a “This is the way we’ve always done things” mentality – is a sure recipe for ADA liability.

United States of America v. Roosevelt Care Centers (D.N.J. complaint filed 3/20/23).

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The 16 most effective interview questions to ask job applicants

The success of any organization is a direct result of its employees and their abilities to contribute.

That makes human resources managers’ role in the hiring process critical to their organization’s success. From promoting the company and individual roles to screening applicants and asking the most effective interview questions, HR needs to command a thorough process.

And today, evaluating and selecting the right candidates is almost always a struggle. Almost half of recruiters say they find it difficult to recruit and fill open positions, according to a survey by The Harris Poll and Express Employment Professionals.

Regardless of the job market, it can be a challenge just to make your open roles appealing to job seekers. And even when you manage to evaluate candidates, their qualifications and level of interest in your organization, sometimes you still can’t separate the great candidates from the good – or even the bad.

Why the most effective interview questions matter

That’s where effective interview questions come in. When HR and hiring managers ask the right questions, you’ll more likely get candidates to open up and reveal their personalities, qualification and overall fit for the job.

Through effective interview questions, you can identify the ideal employees and hopefully hire them to help their teams and the organization continue to succeed.

Keep in mind, you want to keep interview questions professional and work-related. Generally, skip the silly questions usually meant to catch candidates off guard.

You can still ask questions that gauge personality and critical-thinking skills (more on those later), but they’ll be more effective when they’re related to the work environment and the job in question.

Here are four categories of job interview questions you’ll want to include in your hiring process.

Questions about professional experience and skills

A résumé is a thorough roadmap of job seekers’ experience. It also gives you a good overview of their skills. But it doesn’t give the full picture of potential employees’ abilities, depth of experience and variety of skills.

Pose these questions or prompts to dig deeper:

1. Tell me about your previous work experience and how it relates to this role

  • Why ask: You want to hear how past experience can positively impact the role and your organization — even if what they have to offer is just a new, valuable perspective.
  • What it gauges: Their ability to understand the role, and the impact they can have on it and your organization.
  • The ideal answer: They identify what’s transferable from previous roles, plus areas where they can provide unique perspective.

2. What specific skills and expertise do you bring to this position?

  • Why ask: The résumé can’t show their full range of capabilities.
  • What it gauges: Not only their strengths, but also their aptitude on what matters for the role they may take.
  • The ideal answer: It involves detailed information on what they know and can do, plus how those relate to the role they’re interviewing for.

3. How have other positions you’ve held fostered your career goals?

  • Why ask: It’s smart to ask candidates about their expectations for the job and where it will lead them.
  • What it gauges: You can shed light on what candidates are looking for in a new position — and if the one you have is a right fit for them.
  • The ideal answer: What they say aligns with the role, career path and professional growth you have to offer.

4. How do you stay up to date with developments in your field?

  • Why ask: You want to know if the candidate makes an effort to improve skills, expand knowledge and become better.
  • What it gauges: Their ability to recognize the need to develop skills and knowledge — and the drive to pursue information and training.
  • The ideal answer: They find ways to learn through a variety of methods — requested help, hands-on training, individual study and group training.

Questions about company culture fit

Questions about company culture fit could be some of the most important you’ll ask candidates. You don’t want new hires to find out they don’t fit in and can’t thrive. And you don’t want to bring on someone who might become toxic to your positive company culture.

On the flip side of the culture coin, beware of hiring just for fit. When you lean too heavily on finding clones for your culture, the organization will become less diverse, creative and productive.

Ask or prompt with these:

5. How do you feel your values align with those of our company?

  • Why ask: First off, you want to be sure they understand your company values. They don’t have to align completely, but you’ll want to hear an understanding.
  • What it gauges: Personality and the degree of values candidates bring to work — and if those are similar enough to your organization’s to make it work.
  • The ideal answer: Values don’t have to run parallel, but they can’t be perpendicular.

6. What makes you excited to come to work every day?

  • Why ask: Similar to the values question, you want to understand what motivates candidates.
  • What it gauges: Their intrinsic and extrinsic motivations — what drives them emotionally and physically to show up and perform at their best.
  • The ideal answer: Depending on the role, you’ll want to hear what they need out of a job to stay engaged — be it money, challenges, praise, purpose, etc. — so you know if you can provide it.

7. How do you handle conflicts or difficult situations with co-workers?

  • Why ask: Lots of reasons. Workplaces are full of conflict and difficult situations. You need to know how or if they can handle yours with the level of professionalism your organization needs.
  • What it gauges: Their degree of self-awareness and emotional intelligence, and the ability to face and overcome difficulties.
  • The ideal answer: A recognition that conflict and difficulties happen in the workplace, a willingness to hear out others’ and work together toward common goals.

8. What’s your preferred work style?

  • Why ask: You need to understand the conditions that are ideal for them to succeed – and if the role provides those.
  • What it gauges: Personality traits, specifically pointing to whether the candidate is a team player or not. In some roles, it’s important. In others, it’s not.
  • The ideal answer: Depends on the role, but if you need someone who must collaborate, help and work well with others, you’ll want to hear about some degree of affection for interaction, collaboration and assistance.

Questions about career goals and aspirations

You want to hire the right people for right now – and for the future. So it’s important to fetter out job candidates’ longer term plans and aspirations to be sure they’re a right fit for your organization in the long run.

Questions about career goals and plans will also help you determine candidates’ levels of commitment and ambition.

Ask or prompt with these:

9. What are your career goals for the next five years?

  • Why ask: You want to get a feel for candidates’ desired career path, not only in your position and company, but also for the future.
  • What it gauges: Their goals without forcing them to predict where they’ll be.
  • The ideal answer: It includes proof that candidates take the job they’re interviewing for seriously — and an interest in career growth beyond it, when appropriate.

10. What motivates you in your career?

  • Why ask: You need to have an understanding of their expectations as their career grows in your organization.
  • What it gauges: Motivations — professional and personal, as the former is almost always influenced by the latter.
  • The ideal answer: An honest one — one that at least hints to both professional and personal motivations. If they’re only interested in one side of the coin, they might not be telling the full truth.

11. What are your long-term career goals?

  • Why ask: You want to ensure your organization and its career path can fulfill their goals.
  • What it gauges: Their aspirations and how they align within your organization.
  • The ideal answer: A path that’s possible within your organization.

12. What’s the toughest feedback you’ve been given, and how did you learn from it?

  • Why ask: You want to understand how well candidates take feedback — positive and negative.
  • What it gauges: Their ability to recognize weaknesses, the need for improvements and opportunities to improve. It also reveals their ability to understand their strengths and if they can capitalize on them.
  • The ideal answer: A response that shows candidates heard and accepted harsh criticism, worked to improve and benefitted from the situation — whether they agreed with the feedback or not.

Questions about problem-solving and decision-making abilities

Nearly every employee in most organizations will need to make decisions on the spot and solve problems beyond their normal scope of work. Regardless of the role you’re hiring for — from CEO to custodian — you want to assess problem-solving and decision-making competency.

These questions and prompts will help:

13. Tell me about a time when you had to make a difficult decision

  • Why ask: Most decisions at work are perfunctory. But the difficult decisions are usually those that have the biggest impact. You want to know if candidates treat them differently to reach optimal outcomes.
  • What it gauges: Ability to prioritize and rationalize under pressure.
  • The ideal answer: You want to hear they turned to several resources to make logical decisions, while taking into account the impact on people and processes.

14. How do you approach problem-solving in your work?

  • Why ask: This, too, gains insight on work style and how it can — or can’t — fit into your organization.
  • What it gauges: The time, effort and resources candidates put into solving problems.
  • The ideal answer: It involves a practical use of the time and resources that are customarily available within your organization.

15. Give an example of a time when you had to think on your feet to come up with a solution

  • Why ask: Every job requires some impromptu action or reaction. You need to know if they’re equipped to handle emergencies.
  • What it gauges: Their ability to think on their feet.
  • The ideal answer: It should involve a quick review of the situation they faced, followed by a reaction that was based on experience, innovation and the available resources.

16. What’s a problem you’ve encountered and then solved?

  • Why ask: You want to know they can do more than solve problems — they can also identify problems that need solutions.
  • What it gauges: Their awareness of issues and confidence in their abilities to solve those.
  • The ideal answer: It includes just the right amount of detail. If there’s too little, they’re likely exaggerating their role. People who identify and solve big problems remember every detail like it’s their child.

How to use most effective interview questions

HR professionals and hiring managers will want to use a mix of the four types of questions to get a well-rounded view of job candidates. Be sure to include a balance of questions that are a little more personal — revealing personality, motivations and work style — and professional — revealing skills, knowledge and experience appropriate for the position.

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Educate employees who are new to the workforce about HSAs and FSAs

For employees who have spent most of their lives covered by their parent’s health insurance, turning 26 can be scary, as they are faced with making benefits decisions on their own for the first time. Considering the fact that more than half of consumers – regardless of age – report feeling “totally lost” navigating healthcare, there are significant opportunities for employers to help early-stage workers make informed decisions about everything from coverage options to how much they should contribute to a health savings account (HSA) or flexible spending account (FSA).

In general, younger employees tend to be low-volume users of health care with their exposure limited to annual preventive exams, dental visits and vision care. That’s why helping them maximize their benefits and their healthcare dollars requires education on the basics, starting with what your organization offers, the meaning of terms like deductible and copay – which many consumers fail to fully grasp – and how decisions they make during open enrollment may affect them in the coming year and beyond.

To begin, demonstrate how your employee benefits portal works and encourage employees to use it regularly. Then help them identify their needs by telling them to think about things like allergies they may have that require medication or medical care, sports or other activities outside of work that might cause them to need medical care, any interests they may have in improving their physical or mental health, etc. Encourage them to rely on your company’s HR team and their plan administrators for more detailed support.

How FSAs and HSAs can help

As you plan these employee communications, keep in mind that most people prioritize their benefits decisions in the following way:

  1. Medical: Health insurance is second only to salary as an element of employee compensation. And premium costs in recent years have outpaced inflation and, in many cases, grown faster than wages. Help employees calculate how much they will pay in premiums and explain that they won’t get that money back if they don’t use any medical services. Introduce them to options like FSAs and HSAs, which allow them to use pre-tax money to pay for out-of-pocket expenses that will help satisfy a deductible. Encourage them to contact your HR team for specific rules that may apply here.
  1. Dental: Healthy teeth are important, and not just for chewing food. Yet while 87% of people agree that bad teeth can negatively impact someone’s personal or professional life, 77 million Americans do not have dental insurance, and Americans are more likely to maintain their car regularly than visit the dentist twice a year. In some cases, employees may simply not understand that dental care isn’t covered by health insurance. Explain the basics of dental care, and that, as with health care, they can use pre-tax HSA or FSA contributions to pay for dental expenses or orthodontia.
  1. Vision: Vision insurance can cover the cost of expenses that are not covered by standard health insurance, like eye exams, glasses and LASIK surgery. As such, its value will depend on how frequently an individual uses these services. And while costs for eye care haven’t increased at the same rate as health insurance, rates appear primed for significant growth this year. If an employee gets an eye exam once a year and doesn’t need glasses, they might benefit from using FSA or HSA contributions to cover vision expenses rather than paying for vision insurance. And if they do require vision correction, they may be interested to learn that prescription sunglasses are considered an eligible expense covered by their FSA or HSA.
  1. FSA/HSA: Even with great coverage, an FSA or HSA can reduce an employee’s taxable income while helping them pay for out-of-pocket costs not otherwise covered by their health plan, as well as everyday items that they already purchase such as sunscreen, over-the-counter medications for pain or allergy relief, birth control or high-tech health devices. Educate employees about how these accounts work, what’s eligible and connect them to an interactive calculator that will help them estimate their potential expenses and make informed decisions about their contributions.
  1. Life insurance: Young and healthy employees might not have life insurance on their minds yet, but there is good reason for them to at least consider it. For example, if their parents have cosigned for a significant expense they may have incurred, such as a student loan, the cosigner would be responsible for that debt in the event of the employee’s death. While this is difficult for employees and parents to think about, purchasing life insurance and listing their parents as beneficiaries would help cover those costs.
  1. Disability: As with life insurance, disability insurance isn’t likely to be top of mind for younger employees who may see themselves as invincible. However, encourage them to consider what might happen if they break an ankle or injure their back and are unable to work for weeks. With a significant enough injury, they could exhaust their PTO and lose their income until they are well enough to work again.

Benefits can be confusing even when you’ve had years of experience managing them. For employees who are turning 26 and making many of these decisions for the first time, it can be overwhelming. By getting ahead of these decisions and helping employees understand both their needs and their options, employers can ease that anxiety while helping employees make the best decisions for their specific situation.

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Voices of HR podcast: Is your firm’s performance management system stuck in the past?

A performance management strategy that’s in tune with the modern workforce has the potential to be a secret weapon for positive employee experience to help your organization win the war for talent – driving employee engagement, promotions and succession decisions.

For example, if you’re hoping to retain more Millennial and Gen Z talent, continuous feedback with mentorship opportunities is likely to be much more effective than an annual performance review.

According to John Smith, director of SMB solutions within global business applications for the technology solutions company Quisitive, many companies of different sizes are struggling to come up with a cohesive performance management system.

“I think there isn’t necessarily a correct way to do performance management. There isn’t a guidebook that says, ‘This is how you should do it to ensure success.’ And because of that, people have had very bad experiences with performance management and it colors what they want to do with it going forward,” he said in a new episode of HRMorning‘s Voices of HR podcast, “Why Annual Reviews Are Not Enough: Iteratively Build a Continuous Performance Management Strategy That Works.”

Smith said that your company will fit into one of four categories, and it’s up to you to determine which one of these you are – and which of these you want to be:

  1. No performance management system
  2. An annual appraisal process
  3. Performance rating/appraisal check-ins with employees throughout the year, taking note of their goals and aspirations, or
  4. Instead of ratings or appraisals, let managers and employees collaboratively guide performance improvement goals.

Getting value out of performance management

If an employee survey reveals that most of them don’t like the way they’re being evaluated, coming up with a change strategy and getting leadership buy-in is next. “Having a vision for what you want to achieve is really important, creating that vision, sharing that vision and getting the buy-in from your management team is an absolutely critical first step,” Smith said.

He added that even small changes to how you handle performance management can have a big impact. So setting a short-term goal for quarterly check-ins, for instance, doesn’t have to mean wholesale changes like creating new rating scales or redefining objective structure.

Smith recommended evaluating the effectiveness of the changes after two years.

In addition, he advised de-coupling discussions about performance from discussions about compensation (e.g., merit pay increases) because employees need to understand that compensation is also tied to market equity and internal equity and not just performance.

Listen to the full episode here.
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Suit alleged woman was underpaid due to gender bias – Jury awards $25.1M

A federal jury in Texas awarded $25.1 million to a former food and beverage manager who filed a lawsuit against her employer, alleging she was underpaid due to her gender.

Sarah Lindsley worked at Omni Hotel and Resorts for nearly 16 years. She said she was paid less than male colleagues who performed the same work and shouldered the same responsibilities.

Was she underpaid in violation of federal laws?

After repeatedly complaining to HR without getting any results, Sarah Lindsley filed a complaint with the EEOC and then went on sue her former employer, alleging violations of Title VII and the Equal Pay Act.

She asserted that her lower pay was the result of “the ‘boy’s club’ culture that permeated Omni’s Food & Beverage Division.”

The long legal battle continued for nearly eight years. Earlier this month, a jury of five men and three women sided with Lindsley.

The jury awarded $100,000 in compensatory damages for “Past pain and suffering, inconvenience, mental anguish, and loss of enjoyment of life.”

It also awarded $25 million in punitive damages.

“With a company of that size, you have to send a correspondingly large number as a message so that they’ll, you know, they’ll get the hint,” Lindsley’s attorney said in an interview.

Info: Jury verdict in Lindsley v. TRT Holdings Inc., 3/9/23.

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Should your company hire a Chief Remote Officer? Expert lays out the advantages

Most organizations have recognized the benefits of hybrid and remote workplaces.

Is it finally time to hire a Chief Remote Officer — someone to manage the personnel, technological, psychological and social complexities?

From the drumbeat of headlines announcing yet more massive layoffs at companies like Google and Amazon, it’s easy to assume employers have the power to force workers back to the office.

The numbers tell a different story.

The U.S. now has its lowest unemployment rate in 54 years, essentially meaning that anyone who wants a new job can find one. This comes on the heels of the Great Resignation, when a stunning 47 million people voluntarily left their jobs, in part because they wanted a break from crushing or uninspiring work. The pursuit of a better work/life balance hasn’t abated. An overwhelming 87% of employees now want jobs with some degree of working remotely, according to McKinsey.

The obvious conclusion: Unless companies want to risk hemorrhaging talent and competitive advantage, most are best served by building what I call a “distributed workplace.” This means embracing that your people can work from different locations, including the office and home — perhaps even across geographies. And even if your organization doesn’t fully embrace the distributed model, most will have some degree of remote work for some employees.

Here’s one solution that, done right, will help your organization thrive as well as retain loyal employees: Hire a Chief Remote Officer.

Why Chief Remote Officer makes sense

Key card swipes in the top 10 U.S. cities show that office occupancy rates have finally returned to 50% for the first time since the pandemic. It’s understandable why executives are pushing for bums in seats. Remote work means more planning. More communication challenges. More moving parts. And, of course, the most compelling human factor: reluctance to change.

But it’s also short-sighted. Remote work has been a boon to entrepreneurship. If you’re desperate for IT talent in Topeka, you’re no longer constrained by the local pool. Your search can now span from Palo Alto to Mumbai.

Allstate, for example, saw its candidate pool surge more than 60% when it made a commitment to all-remote jobs.

Those who do remote work well have a distinct advantage. Think of it from the employee’s perspective: It means less time wasted commuting, less money burned on travel costs and parking. Employers: You’re now sending a message of trust. You’ve become an accomplice in reducing their stress. And you’re answering a pent-up cry for change. Your teams were already voting with their feet a decade before the pandemic even began.

Still, resistance lingers, especially in the C-suite. I’ve worked with many companies that assemble future-of-work committees consisting of representatives from HR, tech, facilities and the like. They send their recommendations to executives. Then they disband. At some point, the C-suite panics. They ignore the future-of-work team’s nuanced recommendations to instead levy a company-wide draconian policy. Flexibility is reduced to one-size-fits-all rigidity. Employees are horrified. Someone in HR is given the demoralizing side task of picking up the pieces. 

Companies are still treating distributed workforces as an obstacle to be solved, rather than a cultural revolution. It’s complex, multi-pronged, with implications for everything from real estate to legal. What you need to tackle it is an executive who can shepherd a strategy that meets your specific needs. 

Many will blanch at a new executive salary. But compared to the massive cost of turnover and lost engagement, the savings are obvious. 

Finding the right leader

It’s not surprising that tech companies like GitLab and Facebook have been among the first to hire chief remote officers. But the trend is also moving to traditionalists like the Cleveland Clinic. They’re acknowledging that people don’t fit easily into a box. They’re creating strategies on a team-by-team basis. Some might work three days a week in the office. Others will work from across the planet.

It isn’t easy to manage, as you’re already well aware. Massive change requires someone whose sole purpose is to work across units and business functions to ensure distributed work runs fluidly.

The ideal person for the CRO role is someone who held a similar charge pre-pandemic and/or worked for a company that’s done it well. He or she should be a strong strategic thinker and relationship builder, a person who can forge trust across the organization.

They need to be passionate champions of change. Avid learners focused on the evolving evidence and best practices. Internal advocates for balancing the bottom line with people, knowing that one is nothing without the other. This is a rapidly evolving field. It comes with no end date.

Strategists and implementers aren’t easy to find in the same package. You need someone who can address everything from new performance metrics to facilities savings, while constantly reevaluating your approach.

Yet compare this to the cost of muddling along as you may be. Or worse, throwing up your hands and ordering everyone back to the office. The data is clear: That’s a losing proposition. You’re ceding the field to your competitors, who may better understand that the nature of work has permanently changed – and that victory will go to those who adapt.

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20 employee engagement survey questions (and why to ask them)

Companies with engaged employees are 21% more productive than those whose employees feel disengaged, according to research.  That’s why it’s critical to gauge your team’s feelings using employee engagement surveys.

When you collect employee feedback, you can identify which areas of the organization are thriving and which need attention. Then you can drive change by creating an action plan and measuring results over time.

These surveys measure key metrics like morale, job satisfaction, alignment, retention and manager performance.

Here are 20 examples of effective questions and why they should be included.

1. Are you proud to work for this company?

This question is important because workplace pride creates a more engaged workforce. Employees who feel proud to work at a company are six times more likely to endorse their workplace to others and twice as likely to want to stay long-term. For employees who state they aren’t especially proud, you may want to add an additional text field to find out why.

2. Would you recommend this company as a great place to work?

When employees recommend your organization that means they generally enjoy working there. As a result, happy employees tend to become brand ambassadors who become recruiters for the company. They are also more likely to refer the organization to those needing your products and services. 

3. Do you think about looking for a job at another company?

This question explores an employee’s near-term commitment to the company. When people are engaged at work, they usually aren’t looking for a job elsewhere. If they answer “yes” to this question, you will want to add a text field for more details.

4. Could you see yourself still working here in two years?

Fourty-five percent of U.S. employees are currently looking for a better position at a different company, according to statistics. By asking this question, you can gauge an employee’s future commitment to the company. If you find many workers considering leaving, you may uncover a retention issue and be able to address it.

5. Does this company motivate you to go above and beyond?

This question measures whether your company motivates workers to do their best. When employees are excited about their work, it spreads to the rest of the team. On the other hand, low scores may indicate the team feels disconnected or doesn’t feel supported.

6. Does your job allow you to learn and develop new skills?

Seventy-four percent of employees say that a lack of professional development prevents them from reaching their full potential, according to ClearCompany. Unfortunately, that leaves many workers feeling undervalued, which results in a disengaged workforce and high turnover rates. By offering professional development opportunities, you can boost employee engagement, increase retention and enhance productivity. Employees want career growth, and this question helps you measure whether you offer the training and support they need.

7. Do you have the resources you need to maximize your potential?

This question helps determine whether people have the day-to-day things they require to do their work. If scores are low, it may mean your workforce lacks a necessary component to do their job. Consider asking them what tools would better support them in their work.

8. Do you have the opportunity to do challenging things at work?

Challenging work can be a great motivator because it keeps people engaged. However, if projects become so difficult that employees can’t function, it can have the opposite effect and hurt motivation. As a result, it’s up to you as the employer to ensure that your staff finds the right balance.

9. Do you know what is expected of you to be successful in your role?

Nearly half of all U.S. employees don’t know what’s expected of them at work, a study by Gallup showed. Employees who don’t understand what’s required tend to be less engaged. To feel aligned with the company, they need to know what they must do to succeed.

10. Does your work give you a sense of meaning?

Employees who consider their work meaningful tend to be happier and work harder. When employees find their work meaningful, their performance improves by 33%, they’re 75% more committed to the organization, and they’re 49% less likely to leave, according to McKinsey research. Conversely, when this score is low, it means employees can’t see their work’s impact.

11. Do you know how your work supports the goals of the company?

This question is essential because employees want to understand how their work contributes to larger corporate objectives. By helping them set work-related goals, you can provide role clarity and direction. As a result, your workforce will be more likely to stay long-term.

12. Do you enjoy working with your team?

When employees enjoy working together it increases job satisfaction, reduces stress and encourages personal growth. Collaborative problem-solving is also proven to lead to better outcomes. If these scores are low, it may indicate that your team isn’t in sync, which can wreak havoc on your workplace and culture.

13. Are you getting enough feedback on how well you’re doing your job?

Research shows that 1 in 5 employees is dissatisfied with the frequency of feedback from their supervisor. When employees don’t get enough input, problems tend to fester and get worse. In addition, providing feedback makes employees feel like they’re part of the company, and as a result, they become more engaged.

14. Are you recognized for doing good work?

Companies that prioritize recognition have employees who are 56% less likely to be looking for a new job, according to a Gallup/Workhuman survey. This is because employees want to feel valued – especially in remote and hybrid work environments. And when they don’t, it could cause them to quit and not look back.

15. Does your manager provide the support you need to complete your work?

Responses to this question reveal whether your managers are setting employees up for success. Effective supervisors motivate workers and help them advance in their careers. When this score is low, it may indicate that your company needs to invest in additional management training.

16. Do you believe there are career opportunities at this company?

When you support employee career growth, it can increase engagement and improve retention. But employees who don’t see a clear path will be more likely to look for those opportunities elsewhere.  

17. Does the company culture foster a supportive work environment?

In a strong company culture, managers show appreciation and gratitude, which increases retention. On the other hand, a toxic work culture can lead to employee burnout and losing talent to the competition. When this score is low, it’s time to determine how you can support employees’ performance and well-being.

18. Do you feel fairly compensated for your contributions to the company?

Only 32% of workers feel like they’re being paid fairly, according to a Gartner survey. When employees feel underpaid, they’re more likely to feel dissatisfied. Low scores for this question may reveal the need to conduct an internal equity study to determine if there are gaps between employees in similar positions with similar skills.

19. Do leaders keep you informed about what’s happening?

Communication is vital to establish engagement within the company. If scores are low, it’s time to examine your internal communication strategy and where there are areas for improvement.

20. Is there something else we should have asked you in this survey?

This question offers the opportunity to get valuable open-ended feedback. If many employees list the same question, you can consider including it in a future survey.

Examples of bad survey questions

Conducting successful employee engagement surveys also involves avoiding bad questions. Questions you’ll want to avoid include those employees may be too afraid to answer, or those that are too vague or personal. You’ll also want to stay away from yes or no questions.

Here are some examples:

  • Do you enjoy your work?
  • What do you think of the leadership team?
  • Do you think our company is a good organization?
  • Which team is the biggest bottleneck in your workflow?
  • Were you impressed with the success of the recent product launch?

Tips for great employee engagement surveys

Once you decide to conduct employee engagement surveys, it’s important to keep these best practices in mind:

  1. Design the survey based on what you want to get out of it and how the information will be used. Decide what specific areas you want to target and ask relevant questions. Combining open and closed-ended questions is a good idea to get the most valuable data possible.
  2. Decide on the frequency of the survey. Most organizations run employee engagement surveys yearly. You’ll also want to run pulse surveys throughout the year to stay on top of your team’s engagement level. Ensure the survey is anonymous so employees can be honest without fear of repercussions. Also, give your team enough time to complete it in a quiet, private location. 
  3. Once you gather the data, segment it to see if you can find any trends or patterns affecting the business. Then, benchmark your results and present them visually to make it easier for the team to understand.
  4. Share the results with the organization. Let employees know what actions you’ll be taking, set specific goals and monitor progress over time.

Employee engagement surveys are powerful tools

Analyzing employee engagement surveys helps you determine areas where your company excels and where you can improve. By implementing them correctly, you’ll increase engagement and stay ahead of the competition.

Ola Chowning, a partner at ISG Digital Strategy and Solutions, believes employee engagement is key in the current environment. She asserts, “When employees are engaged in the corporate culture, have visibility to the executive team and are confident the company values their input, they are significantly less likely to leave. In today’s talent landscape, this is a competitive advantage.”

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Employee termination checklist: Don’t miss these 6 critical steps

Making the decision to terminate an employee is never easy. Whether it’s for performance-related issues or conduct issues, the employee termination process can be complicated, involved and may even invoke feelings of anger or frustration for the affected employee. 

That’s why it’s so important to make sure that you’re prepared in advance, are staying legally compliant and staying compassionate to the employee. Having a checklist to keep track of all the steps in the termination process can help you stay organized and ensure that nothing is missed in the process. But it can also help free up time for HR to focus on next steps for the business and the employee.  

Here’s a step-by-step employee termination checklist to ensure that the termination process goes as smoothly as possible. 

Review company policies

Before doing anything else, the first step should be ensuring that you’re in compliance with company policies as well as federal and state laws. 

You may want to refer to an employee handbook or other resource that explains valid reasons for employee termination. It’s important to ensure that you have all the facts and review documentation to ensure that your decision aligns with company policy. 

Employee terminations are tricky and complex depending on where you and your employee are located, and a wrong turn may lead to legal trouble. There are many things to take into consideration when it comes to compliance, including:

To ensure that your company is staying in compliance with all federal, state and local laws, you may want to check labor laws or other legal resources. 

If you find that any part of the company policy or employee termination process is not in compliance, you may want to get in touch with a legal professional and bring leadership into the conversation to amend policies.

Talk to the employee

Although the actual termination conversation is one that many HR pros and managers dread, it’s a critical step in the employee termination process. Although a face-to-face meeting is always best, sometimes that’s not feasible. Regardless, the termination conversation should always stay professional and respectful.

Employee terminations may also be handled differently depending on what type of termination it is. For example, if it’s for a performance-related issue, you may want to have documentation on hand such as a Performance Improvement Plan (PIP).

You’ll also need to go over some basic information on next steps, such as:

Benefits. Make the employee aware of the termination date for benefits as well as their options going forward, such as providing resources for COBRA and any additional perks or benefits that your company offers.

Compensation. Although giving an employee an idea of when they can expect their final paycheck is essential for the employee, it can also help the company stay in compliance with state laws. While some states have no laws surrounding final paychecks, others require paychecks to be given within 24 hours. Laws can also vary depending on whether the employee is fired or if they quit. 

Resources for next steps. If the employee termination is due to downsizing or an internal company shift, you may want to provide the employee with any career development resources or connections you can provide to make job searching easier. This may also be a good time to confirm the employee’s official mailing address for future communications, such as W-2s.

Retrieve property and revoke access to software

During the termination meeting, you should retrieve any company property that the employee has on hand such as company laptops, keys or cell phones. Before the day ends, you should revoke any physical access to the office space or change alarm codes. 

If the employee is remote, you should communicate information about how they will send any property back. Some companies put the onus on employees to send back equipment, while others provide a pre-labeled package for the employee’s convenience.

Gathering company equipment also includes the digital realm. You may want to communicate with the IT department to revoke access to shared software or computer systems, as well as delete any sensitive employee data. 

Conduct an exit interview

Before you fully depart with the employee, it’s important for both the employee and the company that any terminated employee has the chance to do an exit interview. Exit interviews give employees the chance to describe their time at the company as a whole, which can give the company valuable insight on what they’re doing right and what needs improvement. 

Exit interviews should be conducted by someone not directly involved with the employee’s day-to-day activities if possible, such as someone from the HR department, to ensure that the employee feels comfortable enough to answer questions with full honesty. 

A good exit interview can provide valuable feedback on core parts of a company, such as leadership, culture and benefits. To get the most out of the interview, you may want to have a mixture of open-ended and detailed questions. Questions during an exit interview could look like:

  • What can the organization improve on?
  • Did you have all the tools you needed to succeed in your role?
  • What was the best part about working for this company?
  • Would you recommend this company to a friend? Why or why not?, and
  • How would you describe the company culture?

Before the interview is over, be sure to leave room for employees to add anything that you haven’t covered already. 

Document the employee termination

Once the employee termination is complete, you’ll want to keep a record of the termination, including the reason for separation and the official date of termination. If the decision was due to a performance or conduct issue, you’ll also want to keep supporting evidence for your decision, such as write-ups or performance reviews.

This isn’t just for the company’s knowledge; the EEOC requires employee records to be kept for a year after the termination date.

Tie up any loose ends

Every employee termination is different and may come with different needs, so there may be additional needs that HR must tend to depending on the situation. After the employee is fully terminated, you may want to:

  • Discuss with their team leader how to best let other employees know of the termination
  • Prepare for unemployment claims if applicable, and
  • Work with managers to come up with a plan for the terminated employee’s roles and responsibilities. 
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How brand values can help you attract top young talent

Perhaps no generation is more outspoken than Gen Z when it comes to brand values and social issues. And as Gen Z makes up more and more of the workforce – which is projected to be over a quarter (27%) by 2025 – the new generation is changing the way we do work.

While older generations were won over with cushy perks and benefits like a snack bar or ping pong tables, Gen Z isn’t so easy to nab down. To stand out to Gen Z applicants, companies must have authentic brand values that align with Gen Z. 

The importance of brand values for attraction and retention

Once upon a time, the majority of workers believed that social and political issues should stay out of the workplace. But since events like the killing of George Floyd and the Black Lives Matter movement, employers have had to face tough conversations with employees and decide what their brand values and stands for.

“[Values] determine how you treat people, what you are and are not willing to tolerate and what you stand for,” says Jenny Sagström, founder and CEO of Sköna. “Essentially, the values that are wrapped up in your brand are the things that will differentiate you from your competitors beyond price tags.”

Brand values aren’t just a “nice to have” addition to your company. They can have many benefits, such as:

Helping to attract best-fit candidates. Clearly articulating and showcasing your brand values can help attract candidates that align with them, making it more likely that new hires will be a good culture fit. 

Keeping the company vision in focus. Even as companies evolve and change, brand values can help ensure that the company’s vision and guiding principles are never lost. “Brand values are going to act as the north star that allows you to make the right decisions for you, your employees, and your customers,” Sagström says.

Improving company culture. Clearly-defined values can impact and ultimately improve company culture. “[Values are] about the purpose you seek outside of bottom lines and profits, [and] it’s doing things in a way that may not always maximize profits, but does create a great environment for great people to do great work,” according to Sagström. 

How brand values – or the lack thereof – affect Gen Z 

It’s no secret that Gen Z is more open about discussing and advocating for social issues that matter to them, and that doesn’t stop in the workplace. According to Porter Novelli, 64% of Gen Z reported being more likely to work for a company that is addressing social issues.

“Simply put, Gen Z is not interested in fluffy perks, they’re not impressed with authority, and they have high expectations for bespoke experiences – including at work,” says Sagström. “Their young adulthood has been shaped by recession, the pandemic, an ongoing war [and] climate change. […] As such, they’re much more concerned with social and environmental issues than older generations.”

However, brand values that are ingenuine or don’t align with the realities of the culture can turn Gen Z into quick quitters. “They are far more willing to jump ship if they find that a work environment does not, in fact, work for them,” says Sagström. “So [brand values] play a major role in enticing the next generation of changemakers to bring your company into the future.”

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Employee: ‘Anti-bias training clashes with my religious beliefs’

What should an employer do if an employee says anti-bias training clashes with their religious beliefs?

A new federal appeals court ruling backed an employer’s decision to terminate an employee who presented that objection and refused to attend the training.

The employee did not show the termination decision was unlawfully discriminatory, the court said, and accommodating the employee’s request to be excused from the training would have resulted in an undue hardship on the employer’s business operations.

Raymond Zdunski began working as an account clerk in the Erie 2-Chautauqua-Cattaraugus Board of Cooperative Educational Services (BOCES) in 2011.

BOCES is a public education collaborative and is an extension of local school districts.

BOCES policy requires all employees to complete anti-bias training “to raise staff awareness and sensitivity of harassment and discrimination.”

After a transgender employee asked for accommodations to facilitate a gender transition, BOCES decided to add specific LGBTQ training.

Anti-bias training is mandated

The training supplemented anti-bias training that is mandated by a New York state law known as the Dignity for All Students Act.

In February of 2018, BOCES told Zdunski to attend a mandatory training session on LGBTQ rights.

Zdunski refused to go, explaining that he is a devout Christian and that “he did not want to be forced to listen to indoctrination that is in contradiction to the tenets of his faith.”

He also asked BOCES to provide training that would “teach greater cultural sensitivity towards persons of faith.”

Zdunski also criticized the LGBTQ training on Facebook, and he made the post during work hours. BOCES’ HR director documented that action due to concerns that it violated a policy banning employees from posting material that might disrupt classroom or other BOCES activities.

When BOCES told Zdunski to attend a make-up training session, he asked about its specific objectives and again requested the provision of training designed to prevent discrimination against Christian employees. The HR manager told him he needed to attend the make-up session, and that he could be terminated if he missed it.

Was it insubordination?

BOCES issued Zdunski a counseling memo for insubordination, and he did not attend the make-up session. BOCES then terminated his employment for insubordination based on his refusal to attend.

He sued, alleging religious discrimination and refusal to accommodate under Title VII. He further asserted due process and equal protection violations as well as conspiracy and violation of state law.

The trial court granted a defense motion for summary judgment.

As to Zdunski’s claim of disparate treatment, the court ruled that he did not show that the circumstances surrounding his discharge permitted an inference of religious discrimination.

None of the alleged facts supported the claim that the termination was tainted by an inference of unlawful bias, the court said. Instead, the alleged facts showed that Zdunski was terminated because he would not comply with BOCES policy that mandated anti-discrimination training.

There was no allegation that the training would have been conducted in a malicious or discriminatory way, or that it would have subjected Zdunski to harassment or ridicule.

Instead, the training sought to prevent harassment and discrimination toward transgender employees, and it was consistent with internal policy as well as state and federal law.

There was simply no evidence that the training was directed toward Zdunski or other Christian employees in a discriminatory manner, the court said.

Nor did Zdunski show he was treated differently than other employees who refused to attend anti-discrimination training, the court added.

No evidence of bias

In a nutshell, there were just no facts to support a finding that Zdunski was terminated based on his religion, it said.

“[I]t would be anomalous to allow an employer to deny a transgender employee’s legal right to a workplace free of discrimination and harassment in order to accommodate the conflicting religious beliefs of other employees,” the court explained.

BOCES was not required to grant Zdunski’s request to be excused as a religious accommodation because doing so would have resulted in an undue hardship, the court added. Granting the requested accommodation would have conflicted with BOCES’ legal obligation to protect its employees from harassment and discrimination, the court reasoned.

BOCES is required by state law to provide anti-discrimination training annually and to maintain an environment free of discrimination and harassment, it noted.

The lower court ruled for BOCES, and the U.S. Court of Appeals for the Second Circuit summarily affirmed.

A rock and a hard place

When employees present religious objections to DEI training, employers are stuck in the middle. Title VII protects religious rights, but it also recognizes gender expression and sexual orientation as equally protected classes — as the lower court in this case noted.

So what are employers to do?

The law does not provide crystal-clear guidance. When the U.S. Supreme Court ruled in 2020 that Title VII’s ban on sex discrimination encompasses a ban on sexual expression and gender identity, it was also careful to note that it was “deeply concerned with preserving the promise of the free exercise of religion.” And it expressly declined to answer the question of how doctrines protecting religious liberty interact with Title VII.

The EEOC has indicated quite clearly that in its view, it would be an undue hardship for an employer to excuse attendance at sexual orientation discrimination training based on a religious belief, where the training is held to make sure employees are aware of applicable EEOC laws and workplace rules.

Here are some general tips employers can keep in mind:

  • Where employers are legally obligated to provide anti-bias training, they will be more likely to show that an employee need not be excused from attending such training based on a religious objection.
  • Ensure that no employee who does attend such training is harassed or ridiculed based on their religious beliefs.
  • Do not segregate employees with respect to anti-bias training, such as by requiring only Christian employees to attend.
  • Do not require employees to affirmatively support any particular gender identity or sexual orientation. Focus instead on what workplace conduct is required and prohibited by EEO laws.
  • Remember that a general animus toward a protected class is not a form of religious expression that the law protects.

Zdunski v. Erie 2-Chautauqua-Cattaraugus BOCES, No. 22-547-cv-, 2023 WL 2469827 (2d Cir. 3/13/23).

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