October 2011

CONNECTION

Inside this issue: Legal update p.1 Fall seminar p.3 HR Horror stories p.7 Much, much more

PRESIDENT Michelle Choate, GPHR mlchoate@redspot.com

PRESIDENT ELECT Orvietta Shannon, PHR orvietta.shannon@tema.toyota.com

TREASURER Ingrid Lindy, PHR ilindy@usi.edu

SECRETARY Pat Kerstiens, PHR pat@leedsamples.com

DIRECTOR OF PROFESSIONAL DEVELOPMENT Tara Ricketts, SPHR Tara.Ricketts@amr.net

DIRECTOR OF COMPENSATION SURVEY Michelle Davis, PHR michelle.davis@me.com

LEGISLATIVE AFFAIRS CHAIRPERSON Jacob Fulcher, JD jfulcher@kddk.com

COLLEGE RELATIONS CHAIRPERSON Jason Fertig jfertig@usi.edu

COMMUNICATIONS CHAIRPERSON Deb Wolf, PHR ddwolf@sit-co.net

FINANCE CHAIRPERSON Angela Noble anoble@hrsolutions-inc.com

DIVERSITY CHAIRPERSON Danyelle Granger Danyelle.Granger@oldnational.com

WORKFORCE READINESS CHAIRPERSON Tiffany Browning, PHR tiffany.browning@phoenix.edu

MEMBERSHIP CHAIRPERSON George Lance, SPHR George.lance@oldnational.com

PAST PRESIDENT Cris Stichler, PHR cstichler@stmarys.org

SHRM Liaison and Certification Chairperson Tela Erdell, SPHR, GPHR Tela.erdell@oldnational.com

WEB CHAIRPERSON Kathy Herndon, GPHR Kathy.herndon@kimball.com

MEET THE

BOARD OF DIRECTORS

EHRA: October 2011

Title VII Development: N.D. Ind. Federal Court Holds Former Employee’s Report of Sexual Harassment by Customer may be Sufficient to Require Employer Effect Measures to Prevent Future Harassment.

On September 26, 2011, the Northern District of Indiana (Wiseman v. Autozone, Inc., Case No.: 3:09-CV-00583-JD, DeGuilio, J.) found that an employer’s prior notice of a cus-tomer’s propensity toward sexual harassment was sufficient to defeat summary judgment. Wiseman was employed by Autozone, Inc. as a commercial driver. Wiseman’s position required that she answer telephone calls, take commercial orders, and deliver parts to local automotive repair shops. On March 11, 2008, Wiseman drove three separate delivery trips to Jim Shaw’s Automo-tive Repair Shop. Wiseman visited Shaw’s without incident during her first two trips; how-ever, during her third visit, Wiseman encountered Jim Shaw, the proprietor of the busi-ness, who was waiting at the door when she arrived. Following her entry into the building, Wiseman claimed Shaw locked the door and physically forced himself upon her. Wise-man returned to Autozone and reported the incident to her supervisors, who agreed to not send Wiseman to Shaw’s anymore, but allegedly encouraged her to not file a police re-port. During this conversation, Wiseman also learned from her supervisors that Shaw had made similar advancements toward Wiseman’s predecessor. In her lawsuit, Wiseman alleged that Autozone failed to notify her of Shaw’s history of harassment prior to dispatching her to the business. Wiseman was later terminated for poor attendance. For purposes of its motion for summary judgment, Autozone admitted that Wiseman established that she was subjected to sexual conduct, the conduct was directed toward her because of her sex, and the conduct was sufficiently severe or perva-sive to create a hostile work environment. The employer disputed, however, whether there was a basis for employer liability because it took prompt remedial action in re-sponse to Wiseman’s complaint by removing her from future deliveries to Shaw’s. Wise-man countered by arguing that, but for the employer’s negligence in failing to warn her of Shaw’s propensity to harass she would have never been subjected to the one severe in-stance of sexual harassment. The Court’s analysis centered on three factors. First, whether there was a reasonable probability of harassment? Second, was the employer informed of that reasonable proba-bility? And third, if so, did the employer take reasonable steps to prevent the harassment from occurring in the future? In response, the Court concluded that a reasonable jury could find Shaw’s actions toward Wiseman’s predecessor indicated there was a reasonable probability of harassment. Furthermore, the Court determined that Wiseman’s predecessor informed the employer of the probability of harassment. Finally, the Court found that a reasonable jury could deter-mine the employer was negligent in failing to take reasonable steps to prevent Wiseman from being harassed based upon its failure to notify her of Shaw’s propensity for harass-ment. Consequently, the Court concluded the employer was not entitled to summary judgment. This case provides a stark reminder of the importance of training management on the steps necessary to shield employees from customers when the latter present a known danger of harassment. As reaffirmed in Wiseman v. Autozone, Inc., failure to do so may result in liability or, at the very least, the expense of protracted litigation. Jake Fulcher Joshua B. Gessling KAHN, DEES, DONOVAN & KAHN, LLP

mailto:Danyelle.Granger@oldnational.com

***Reservations accepted through 12:00 noon on Wednes-day, November 2, 2011 online at www.ehranet.org by clicking “read more” or by contacting Pat Kerstiens at (812) 867-4340 or pat@leedsamples.com. Please notify us of any accommo-dation. Registered attendees who do not show will be in-voiced.

see our ad in the back of the publication

This month’s meeting will be held at:

www.clippinger.us

November 2011 Meeting Sponsor

The following rates will apply for this meeting.

Members $60 Students $15 Guests $80

University of Southern Indiana— University Center Carter Hall 8600 University Boulevard Evansville, IN 47712

7:15—7:45 am

7:45—8:00 am

8:00—9:00 am

9:10—9:55 am

10:05—10:50 am

11:00—11:45 am

11:45 am—noon

Registration/Breakfast

Opening Remarks

Michelle Choate, GPHR, PHR

Opening Keynote

What Your CEO Wants You to Know

Timothy Flesch, President, CEO

St. Mary’s Health System

Breakout Sessions

Marketing Ed Lahue, St. Mary’s Health System

Mergers & Acquisitions: Due Diligence & the Integrations Process

Julie Williams, Old National Bank

Finance & Accounting Steve Bridges

University of Southern Indiana

Performance Management & Continuous Improvement

Loretta Young Heidorn

Vectren Corporation

Breakout Sessions

Information Technology Chris Boeke, Vectren Corporation

Mergers & Acquisitions: Due Diligence & the Integrations Process

Julie Williams, Old National Bank

Finance & Accounting Steve Bridges

University of Southern Indiana

Performance Management & Continuous Improvement

Loretta Young Heidorn

Vectren Corporation

Closing Keynote

Why Diversity is Important to

Human Resources

Norm Bafunno, President

Toyota Motor Manufacturing Indiana

Closing Remarks/Prize Drawings

Michelle Choate, GPHR, PHR Attendees must be present to win prizes.

What Strategic Business Partners

Want HR to Know . . .

http://ehranet.org/

meetinginfo.php?id=10

More details available on

our website at:

EHRA: October 2011

mailto:pat@leedsamples.comhttp://www.clippinger.us/http://ehranet.org/meetinginfo.php?id=10http://ehranet.org/meetinginfo.php?id=10

EHRA

Holiday

Party

120711

the

Homeless Prevention Coalition

The HPC is a subcommittee of The Homeless Commission and part of Desti-

nation: Home, A Ten Year Journey to End Homelessness. Our mission is to

prevent homelessness through partnerships and creative solutions that lead to

effective interventions in the lives of those at risk of homelessness. Organi-

zations and individuals can get involved in the Coalition and subcommittees

to contribute their expertise, resources, and passion to the cause.

Homeless Prevention Coalition: Developing a coordinated, community-

wide prevention system able to identify households at risk of homelessness

and offer them immediate resources to avoid a housing crisis and further sup-

port to maintain their housing long term.

Child Care: Developing community-based short term child care solutions for

households that are able to work but cannot afford child care.

Financial Assistance: Improving the coordination and delivery of financial

resources to households that need some assistance to stay on their feet.

Neighborhood Development: Educating the community about who is at-risk

of homelessness, making recommendations about homeless prevention for

neighborhood development projects, and working with neighborhood institu-

tions to improve housing stability.

Mainstream Resources: Improving access to benefits and public resources

that can help a household maintain their housing.

For more information, contact Prevention Coordinators Naila Carnagua or

Jayme Walters at 428-3246.

2012 Membership Dues –

Early Bird Renewal Special

We all have heard the adage that the “early bird gets the worm”.

We want to encourage you to be an Early Bird in renewing your EH-

RA dues for 2012. Rather than a worm though, our Board would

like to offer you the opportunity to attend an EHRA monthly meet-

ing (a $15 value) at no charge if you renew your EHRA dues for

2012 prior to December 31, 2011. EHRA members who do renew

prior to that time will receive a free meeting voucher to attend their

choice of either the January or February 2012 monthly meeting.

The voucher will be stored electronically in the EHRA account of

those who pay prior to 12/31. Concurrent with this offer, we would

also like to announce the following as our 2012 EHRA Membership

Dues:

For SHRM Members: Dues remain unchanged at $50

For Non-SHRM Members: Dues will have a slight increase to $70

You can take advantage of this opportunity and renew for 2012 to-

day by signing into your account at ehranet.org and clicking on the

membership dues option under the member area. Once there, choose

the 2012 Membership Dues option.

If you need an invoice, you may request one by e-mailing Member-

ship Chair George Lance at membership@ehranet.org

Don’t miss out on this opportunity to attend one of our initial 2012

meetings at no charge. This will be a great way to start the year and

network with your friends and colleagues in EHRA. Renew before

12/31/11!

EHRA: October 2011

Congratulations to our 2012 elected Board Members including:

President—Orvietta Shannon, PHR President—Elect—Angela Noble Secretary—Pat Kerstiens, PHR Treasurer—Ingrid Lindy, PHR

Director of Compensation Survey—Michelle Davis, PHR Director of Professional Development—Tela Erdell, SPHR, GPHR

Next opportunity to donate:

November 9, 2011

featuring ways to get involved with

our community, have fun, and help promote the Evansville-Area Human

Resources Association.

The Evansville-Vanderburgh County Board on Disability Services

presents

The 2011 Open Your Eyes: Employing Individuals with Disa-

bilities

The Centre

October 12, 2011

8:00 AM – 3:30 PM

Schedule of Events

8:00 AM – 8:30 AM - Registration

8:30 AM – 9:45 AM - ADA Title 1 and Recruitment

Presenter Doug Goeppner, ADA Coordinator for the University of

Southern Indiana

10:00 AM – 11:15 AM – ADA Legal Update

Presenter Christopher Kuczynski, Council and Director of the

ADA/GINA Policy Division at the US Equal Employment Oppor-

tunity Commission

11:15 AM – 12:30 PM – Assistive Technology on the Job

Wade Wingler, Director of Assistive Technology at Easter Seals

Crossroads, Indianapolis

12:30 PM – 1:30 PM – Lunch

Mayor Jonathan Weinzapfel will present the “2011 Employer

of Distinction Award”

Keynote Speaker Christopher Kuczynski

1:30 PM – 3:30 PM – Job Fair for individuals with disabilities

Companies are needed to participate in the job fair. There is

no charge.

To register or for questions, contact the Human Relations

Commission at 812-436-4927.

EVSC, Southern Indiana Career & Technical Center needs two speakers to present at EVSC Job Interview Clinic Purpose: EVSC Job Interview Clinic Attendees: 100 EVSC students Topics: 1. Social Networking

2. What Business Expect from Employee(job expectations) When: Monday, November 14, 2011 Where: Southern Indiana Career & Technical Center 1900

Lynch Road, Evansville, IN 47715 Tentative time: 12-1:30 Will give three, 30 minutes presentations to the students, they will be divided into three groups. Contact: Barbara Bennett, EVSC Associate Director Career & Vocational Education (812) 435-8439

EHRA: October 2011

FINAL Leaderboard:

Lisa Schenk 3 Nancy Priebe 2.5 Janey Albin 2 Joyce Leone 2 Vickie Warren 2 Pam Goedde 2 Vicki Hubiak 2 Ron Hagy 1 Tom Donahue 1 Suzanne Hilbert 1 Lisa Gish 1 Don Crankshaw 1 Jim Jarboe 1 Janet Heldt 1 Samantha Witte 1 Sheri Pfingston 1 Stacy Lloyd 1 Angie Brawdy 1 Jennifer Moll 1 Rosa Froiland 0.5 JD Street 0.5 Ann Bourne 0.5

EHRA Membership Marathon

The Membership Marathon came to an end on September 30. The program was a great success with EHRA

gaining over thirty new members as a result of all of your efforts! Thanks to everyone who made a referral

under the program. And, special thanks to those who made multiple referrals and sit atop our final leader

board listed below.

Congratulations to Lisa Schenk and Nancy Priebe for placing first and second respectively under the pro-

gram. Note that there was a tie for third place between five of our members! As mentioned when the pro-

gram was rolled out, in the event of a tie, a drawing will be held to determine the winner. A drawing has

been held by members of our board and the third place winner is Janey Albin!

The prize amounts our top three have won are listed below. Prizes will be awarded in form of restaurant gift

card, EHRA credit, or a donation in winner’s name to the charity of their choice. We will be following up

with the winners to determine how they would like to receive their awards:

1st Place - Gold Medal: $100

2nd Place - Silver Medal: $65

3rd Place - Bronze Medal: $40

Additionally, we have held our final quarterly drawing under the program. The winner of the last $15 EH-

RA credit is Joyce Leone!

EHRA Holiday Sprint Referral Program

With the EHRA’s Membership Marathon referral program coming to an end as of September 30, we would like to introduce a new referral program for the

Holiday Season. Rather than a marathon, this will be a Holiday Sprint taking place between October 1 and December 23.

You’ll get a referral point for every new member you refer during this time. However, at the top of EHRA’s wish list for this season is growing the number of

our members who are also SHRM members. As a result, any SHRM member you refer to join EHRA counts for two points.

Additionally, for every new member referral you make, you’ll receive a $5 EHRA “Stocking Stuffer”, which is a credit coupon that you can use for future meet-

ing and events.

Throughout the course of the program we’ll offer additional ways to earn extra points based on types of referrals, so make sure to keep your eyes open to the

monthly newsletter, e-mail blasts, and the EHRA Group’s Linked In announcements.

An updated EHRA Good List will appear in the November and December newsletters displaying those EHRA members who’ve made a new member referral.

The top three EHRA members on the Good List will have the option of receiving their prize amount in the form of a restaurant gift card, EHRA credit, or a

donation in their name to the charity of their choice.

Good List Prize Levels:

1st Place – $50

2nd Place - $35

3rd Place - $20

The rules of the referral program include the following:

EHRA members should have their referral submit a new member application through the EHRA website at ehranet.org

The new member applicant must list the name(s) of their referrer in the appropriate box on their registration form

A referral with more than one referrer will be split equally among all listed referrers

To qualify as a referral, a new EHRA member must have not previously been a member of EHRA during 2011

Referrals must be in the spirit of the program – any questionable referrals are subject to review and final determination by the EHRA Board of Directors

Ties for prizes will be broken by a drawing

Board of Directors are not eligible to participate

Questions about the program can be directed to George Lance at george.lance@oldnational.com

EHRA: October 2011

http://www.linkedin.com/groups?gid=1791822&trk=myg_ugrp_ovr

EHRA: September 2011

Did you have a recent accomplishment that you want to share? Let us put you in the spotlight. Email our Newsletter Editor, Nick Lindy at nlindy@scvl.com

EHRA adds eight members in September

Leon Wilkerson is one of eight new and returning members to the EHRA in September. Leon currently serves as Human Resource Manager at Lowes. When asked why he joined EHRA, Leon said, “I joined EHRA because I believe that the collective knowledge and experiences we hold should be shared and used to increase the Profession’s standing as a strategic business partner. Networking with other HR professionals helps to increase the knowledge transfer and professional identity.”

Other new and returning members in September include; Paula Bazemore (ResCare), Jeffrey Devine (Integra), Nathan Mowery (Aerotek), Stephanie Pier (Reference Services), Emily Seifert (Reference Services), Devin Spaulding (Aerotek) and Genea Williams (Transfreight).

Please help us welcome our new and returning members at our next meeting. Leon Wilkerson

Newly Certified? Share your success with us! All newly certified PHRs, SPHRs, or GPHRs please contact

Tela Erdell, SPHR, GPHR at Tela.Erdell@oldnational.com or call at 812-461-9743.

EHRA: October 2011

mailto:nlindy@scvl.com