Archive for the ‘Press Release’ Category

Same-Sex Harassment Results in $225,000 Payout

Monday, August 27th, 2007

Hill Brothers Construction of Oxford, Mississippi recently agreed to pay $225,000 for sexual harassment by men, against men. The EEOC sued the company in an unusual same-sex suit, on behalf of a number of male employees. The company’s formal name is the Hill Brothers Construction Company and Engineering Company, Inc.

The EEOC charged that Hill Brothers discriminated against three male employees by subjecting them to a sexually hostile work environment. After a one-week trial, the jury awarded $75,000 each to Scott Beasley, Joel Graves and Douglas Smith as punitive damages in the case. The case was heard before Judge Michael P. Mills of the U.S. District Court.

Hill Brothers is a full-service construction company that has bid on public and private work. The firm has also submitted bids for civil work as well as defense contracts for the Army Corps of Engineers. They are licenses in Mississippi, Alabama, Arkansas, Louisiana and Tennessee.

The three men worked as truck drivers for Hill Brothers. All were hired between September 1999 and August 2001. The trio complained of sexual harassment from Gregg Witt beginning in 2001. The EEOC charged that the sexual harassment was severe, pervasive and included sexually offensive comments, as well as unwanted and inappropriate touching.

The employees complained, but since both they and the offender were male, the company did nothing.

EEOC Birmingham District Director Delner Franklin-Thomas said, “Employers need to heighten their awareness of discrimination and take the appropriate action to address and correct it. There is simply no excuse for an employer’s failure to remedy pervasive sexual harassment and physical assault of employees who have complained repeatedly to management. We strongly encourage Mississippi employers to take notice that discrimination is a costly practice and early prevention makes a better, more productive workplace.”

“We are pleased with the jury verdict and believe the male victims in this case were vindicated,” said Senior EEOC Trial Attorney Valerie Hicks-Powe, who led the federal agency’s litigation efforts. “Employers must take all complaints of harassment seriously, regardless of the gender of the parties involved.”

This case is not over yet. The EEOC is still requesting that the court consider additional damages and injunctive relief to prevent Hill Brothers from similar actions.

EEOC Birmingham District C. Emanuel Smith noted: “Some employers may view male-on-male harassment as ‘horseplay’ or ‘boys being boys’ but this kind of intentional discrimination can cause needless suffering and permanent scars for employees,” said EEOC Birmingham District Chief Emanuel Smith. He added, “ – not to mention creating liability issues for employers who violate federal law.”

Most of us think of sexual discrimination as actions against women, but this lawsuit shows that in some workplaces, there is sexual harassment of men, by men. And, that number is growing every year.

In 1997, just 11.6% of sexual harassment complaints to the EEOC were from men. In 2006, that number had jumped to 15.4%, a 33% increase.  Overall, the EEOC had 12,025 sexual harassment complaints in 2006. The EEOC recovered $48.8 million in out-of-court settlements in those cases. It is the EEOC’s policy to investigate each complaint thoroughly. If the EEOC finds reasonable cause for the complaint, they will file a suit. The EEOC makes every effort to settle the suit out of court, to save the taxpayers the cost of litigation. Most companies agree to out-of-court settlements, although this one did not.

Title VII of the Civil Rights Act of 1964 prohibits discrimination in hiring, training, wages, working conditions, discipline, promotion or termination based on race, color, sex, religion or country of national origin. The vase majority of sexual harassment cases that the agency takes on are for harassment against women.

Posted by Amelia Figueroa, National Business Compliance Department

Legos helping state build on preparing work force

Monday, August 27th, 2007

Arkansas says its program to screen prospective auto-parts workers by having them assemble Lego toys is serious, not child’s play.

The program is a response to some companies’ complaints about getting unqualified employees through state agencies.

Instructors at Arkansas Northeastern College’s campus in Burdette have developed a program to prepare prospects for working in a manufacturing setting. Teams build Lego crash cars on an assembly line.

The vehicles are not complex. Each is made with 37 parts, then is launched mechanically into a wall.

If the hood flies off, the car was assembled correctly.

The key skill being taught is teamwork. And the lesson that the state may be learning is that screening workers is key to recruiting employers in the automotive industry.

In the past, Arkansas has supplied many employees for autoparts companies who “might work a few days or a week and quit,” Gov. Mike Beebe said last week.

“There was no screening being done and no education being done and no training being done on the potential applicants about what type of work it was, what was expected and what the regimen was going to be,” Beebe said.

Beebe didn’t identify the companies that have had problems. But two divisions of Toyota Mo- tor Corp. have opened auto-parts plants in eastern Arkansas since 2005 — Denso Corp. in Osceola and Hino Motors Ltd. in Marion.

The logic behind the Burdette program is to simulate, to some degree, what an assembly-line job is like, said Tom Floria, director of The Solutions Group at the Burdette campus, about 10 miles south of Blytheville.

Other training centers in Arkansas may begin using the assembly-line simulation, Floria said.

The Burdette project is part of a larger employee screening process that Arkansas implemented in April in response to manufacturers’ grievances.

Randy Zook, who retired as chief executive officer of Atlantic Envelope Co. in Atlanta in 2004, became deputy director of the state Department of Economic Development, in early April. By mid-April, he had instituted the new screening.

“If there is anything different that we’ve done it is getting pretty up close and personal [with companies ] about understanding their pre-employment processes,” Zook said. “We discovered some opportunities to help them assess people.”

The agency is using a tool called WorkKeys, made by ACT Inc., the company that produces the college entrance exam, Zook said. WorkKeys, which has been used by other states for years, assesses potential workers’ skills in math, reading for comprehension and locating information, Zook said.

“From this, you can determine someone’s readiness to do a job,” Zook said. Zook estimated the cost of implementing the WorkKeys program at $ 5, 000. The Arkansas Department of Workforce Services already had thousands of the ACT programs on its shelves, going unused, Zook said. “It’s just been a matter of planning and execution, more than anything else,” Zook said. Supplying companies with qualified employees is something that states across the country are facing, said Ashvin Vibhakar, director of the Institute for Economic Advancement at the University of Arkansas at Little Rock.

PROFILE CREATED “It often comes down to the education side, in terms of the ability to do simple mathematics or even read a tape measurement,” Vibhakar said. “What this system does is it creates a profile of a job. You are determining the level of skills necessary to do the job. Then you create a profile of the individual so you can match the profile against the skills needed for the job.”

Before prospects qualify for the manufacturing screening, they submit an application with the Arkansas Department of Workforce Services and then have to pass an assessment to determine their skills. Once they pass that test, the economic development agency’s centers put them through 20 hours of practical training.

At Arkansas Northeastern College, that training includes work on the Lego assembly line, Floria said. No other training center in Arkansas uses the assembly-line simulation, which was created by Floria’s staff of six instructors, including three engineers. Legos were chosen because they are lightweight and easy to handle, Floria said.

Prospects “get a very strong dose of what the manufacturing environment is,” Floria said. “They’ll have to show up at 7 o’clock [if they are hired ] and work a full day. If you talk to most companies anyplace in the United States, they want someone who can read and write and will come to work on time, and they’ll teach them the rest.”

Before they begin, the prospects are aware they’ll be working with Legos, but they don’t see the job as belittling, Floria said.

“They actually seem to have fun,” he said. Requests to talk to the prospects for this article were denied.

Members of each team work together for 30 minutes and build as many cars as they can in that time frame, Floria said. Then they are asked what they would do if this were their company and they wanted to improve the efficiency of the process, he said.

“They catch on pretty fast,” Floria said. “Typically on the next run, we have seen a 50 percent increase in productivity. One reason is they are getting familiar with the parts, but the other reason is they have shifted the workload a little bit so one person isn’t standing while another is finishing their job. They have quality checks to pay attention to. We will put a defective part in the line, on purpose, and they are to look for those.”

When the prospects finish, they have been introduced to the work environment, and they understand the pressure of production, Floria said.

“We have heard some comments come back [from employers ] that these people are more prepared than any of the people they have interviewed,” Floria said.

The testing helps the prospects as much as the manufacturers, said Robin Myers, president of Northeastern Arkansas College, which is based in Blytheville. “Once they complete the assessment and are certified into the pre-employment training, then they have demonstrated what’s considered nationally an industry norm for a skill-set level,” Myers said. “If they don’t have those skill sets, we refer them to our existing programs to work on improving those skills. But more than 80 percent of those who initiated the training have stayed with the training and completed it.” Floria said about 50 prospects have completed the screening since the school began the program in July.

IDENTITIES NOT REVEALED Officials with the Arkansas Economic Development Commission declined to identify manufacturers that have complained about the quality of workers they were getting, but officials with the agency and economic developers say companies are satisfied now with results from the new screening process.

“[Companies ] are very pleased, and I think they will be more and more pleased as time goes by,” Zook said. “I think we’ll get a greatly improved perception of the Arkansas work force within 60 to 90 days. I think the situation is improving weekly.”

Any company trying to hire many workers faces a challenge, Zook said.

“What’s happening here is we’re helping businesses do a better job of facing a tough assignment,” Zook said.

Economic development directors in Osceola and Marion declined to comment about whether Denso or Hino officials have complained about work-force problems at their Arkansas plants.

“I don’t think it’s appropriate for me to comment on what kind of issues Hino has had with employment,” said Kay Brockwell, economic development director in Marion. “That would be much more up to Hino.”

Glenn Ellis, national manager for sales administration, marketing and dealer development at Hino’s U. S. headquarters in Michigan, did not return a call for comment, but, in the past, Hino executives in Arkansas and Michigan have insisted that the company has had no problems from the work force in the Marion area.

A call to Denso in Osceola for comment also was not returned.

If manufacturers in Arkansas were so dissatisfied with prospective workers they were getting in the past, did that have anything to do with Toyota’s decision in February to put an automobile plant in Tupelo, Miss., instead of near Marion ?

“Was that a factor ?” Beebe said to The Associated Press. “Logic and common sense tell you it could have been. It may have been. But do I have anyone from Toyota who told me that specifically ? No.”

Toyota’s official explanation for not choosing Marion was the poor air quality in the Crittenden County city and a federal lawsuit that the automaker said affected that situation.

“I’m sure Toyota’s decision was based on a number of factors, and they made the decision that they thought was the best decision for their company,” Brockwell said.

In June, Beebe instituted a “work-force Cabinet” of leaders of state agencies, said Matt De-Cample, Beebe’s spokesman.

The group is comprised of leaders of the Arkansas Economic Development Commission, the Arkansas Department of Workforce Services, the Arkansas Workforce Investment Board, the Arkansas Department of Workforce Education, the departments of Education and Higher Education, the Association of Two-Year Colleges, the Arkansas Science and Technology Authority and a staff member from the governor’s office, DeCample said.

“There are not any specific initiatives,” DeCample said of the informal committee. “The main purpose is for communication [on work-force issues ].” Information for this article was contributed by Daniel Nasaw of the Arkansas Democrat-Gazette.

Next Generation Employment Screening System

Wednesday, August 22nd, 2007

Info Cubic’s Next Generation Employment Screening System

Denver, CO. May. 14, 2007 –

Info Cubic LLC, a leading employment screening company, announced today the
release and launch of an innovative “One Click Screening” solution which relieves the burden of data entry for HR employees. It’s an exciting new opportunity for you to simplify and
integrate your hiring process, as well as compete for and win the best candidates.

“One Click Screening” provides a powerful and easy to use applicant tracking
system, creating a seamless recruiting and hiring process. Data entry by
your employees is virtually eliminated.

How it Works
Info Cubic provides a customized website link where your applicants can
apply for available positions. The job applicants enter all of their
personal information similar to any standard job application. These job
applications are then provided to you in a simple and easy to work with
online format.

Your decision makers then choose whether to move forward with or deny job
applicants. If you choose to move forward with an applicant’s background
check, with one click the applicant’s data will instantly transfer to our
screening system and automatically run the package you pre-designed. The
result will be sent back to your email. This solution allows your company to
create a more consistent and seamless hiring processes. Info Cubic designed
this module after listening to our staffing companies.

How to utilize this solution?

“One Click Screening” gives you to the ability to track your applicants
online from start to finish. Data entry by your employees is virtually
eliminated allowing you to use your time and resources more effectively. By
utilizing HR’s time and resources more effectively you hiring process will
improve, ensuring that you are hiring the most qualified applicants
possible.

You can simply:
- Create an “Apply Now” Link on your website

- Load the application on a “Hiring Kiosk”
- Have the recruiter send out a link

Additionally, the “One Click Screening” includes a Career Center that gives
clients the ability to recruit for specific positions. It highlights the
available positions, locations that are hiring, the qualifications needed
for the job, and combined with the Online Employment Applications creates a
seamless recruiting process.

Info Cubic?s One Click Screening Employment Screening system targets
staffing companies, education institutions, financial institutions, local
community organizations, hospitals, and non-profit organizations. Info Cubic
plans on implementing this service to over 300 companies in its first year.

About Info Cubic
Info Cubic, headquartered in Greenwood Village, CO, is a leading provider of employment screening and drug testing for organizations of any size and structure. Info Cubic?s easy-to-use, web-based service allows employers to conveniently request services, track work in progress, and securely retrieve and archive completed reports. Thousands of companies nationwide depend on Info Cubic?s world-class customer service, industry-leading turnaround times, accuracy and legal compliance expertise. Visit www.infocubic.net or
call (877) 360-INFO (4636) for additional information.

Contact Info: Justin Den, Vice President
877-360-4636.

How does the latest National Credit Act affect South African recruiters?

Thursday, February 1st, 2007

How does the latest National Credit Act affect South African recruiters?

The “National Credit Act No.34 of 2005″ was passed into law by Parliament and signed by the President during March 2006, effective from 1 June 2007. This Act has many implications for South African recruiters using Credit Reports for screening purposes. Understanding those implications is key to utilising credit information.

1. What are the purposes of the NCA
In summary, the Act aims to protect consumers taking credit or entering into consumer credit transactions. In addition, it makes provision for the control and regulation of all credit transactions, including mortgages, credit cards, overdrafts, micro-loans and pawn broking transactions. It also provides for the following;
Regulation of credit information
Improved accessibility of the credit market to previously disadvantaged consumers
Regulation of all credit lending activities
Provides for debt reorganization in cases of over-indebtedness
Establishes national norms and standards relating to consumer credit
Enhanced consumer rights and education
Promotes responsible borrowing and eliminates any reckless lending practices
It readdresses the balance of power between consumers and credit providers
Prohibits unfair credit and credit marketing practices

2. How will the Act be Regulated?
The NCA was instituted by the South African Department of Trade and Industry and will be enforced by specific role players and Consumer Credit Institutions, who have been given the power to perform acts in terms of the NCA, namely the: National Credit Regulator (NCR) & National Consumer Tribunal

3. Circumstances (as set out by the Act) under which one can obtain Credit Information on an individual
It is all good and well to understand the purposes of the Act and what it intends to achieve, but as recruiters and individuals using Credit Data for recruitment decisions, one needs to understand when one is allowed to request and use this data. According to the Act, Credit data can be obtained for the following purposes;
an investigation into fraud, corruption or theft, provided that the South African Police Service or any other statutory enforcement agency conducts such an investigation;
fraud detection and fraud prevention services;
considering a candidate for employment in a position that requires trust and honesty and entails the handling of cash or finances;
an assessment of the debtors book of a business for the purposes of
- the sale of the business or debtors book of that business; or
- any other transaction that is dependant upon determining the value of the business or debtors book of that business;

setting a limit of service provision in respect of any continuous service;
assessing an application for insurance;
verifying educational qualifications and employment;
obtaining consumer information to distribute unclaimed funds, including pension funds and insurance claims;
- tracing a consumer by a credit provider in respect of a credit agreement entered into between the consumer and the credit provider;
- developing a credit scoring system by a credit provider or credit bureau.

(Section 18(4) of the Regulations- The prescribed purposes, other than for purposes contemplated in the NCA, for which a report may be issued in terms of Section 70(2)(g) of the NCA)

Additional requirements
1. Any person who is the subject of a credit check needs to give Consent and Indemnity. Should a report be required for a purpose set out in Regulation 18(4)(C) or (E) to (G), the consent of the consumer must be obtained prior to the report being requested. (Section 18(5) of the Regulations). It is thus important to cover the following:
§ The candidate MUST be informed of the intention to perform the check;
§ MUST be informed as to the reasons for performing the check; and
§ MUST give you permission, at this stage in writing, to perform the credit check.

2. Application: A credit check can only be performed against the person if it is relevant to the position for which the person is applying. The law stipulates positions that require honesty and trust or deal with money. In this regard, the onus is on you to define and maintain this proof of relevance.

3. Transparency: The results of any credit check performed MUST be shared with the job applicant/ person checked. In addition, the person must be informed of the reasons, if any, of the consequences of a credit check.

In conclusion…
A number of entities have access to a consumer’s, or prospective consumers, confidential/ credit information. They include:
Credit providers
Debt counsellors
Credit bureaus
The Tribunal
The National Credit Regulator (NCR)

When any of the above entities receive, compile, retain or report on a consumer’s confidential information, they must protect the confidentiality of the information. They may only use or report on a consumer’s confidential information if:
The NCA or other legislation allows or requires it
The consumer or prospective consumer consent to it
A court order requires it

For more information on the Pre-Employment Screening, call Kirsten Halcrow, Managing Director of EMPS (PTY) LTD on (011) 678-0807/ kirstenh@emps.co.za. www.emps.co.za