Download - January-February 2014 WM Magazine
JANUARY-FEBRUARY 2014 | MSEC.ORG
Then & Now: 75 Years of Women and Employment Law
Are You Using E-Verify Correctly?
2014 Public Employers Conference
Celebrating 75 Years of Making Employers Successful
JANUARY-FEBRUARY 2014
JANUARY-FEBRUARY 2014 | MSEC.ORG
Contents
1 A Note From the Editor
On-Sites
2 75 Years Ago ...
3 Member Profile: Denver Lumber
Pre-employment Screening
4 Employee Opinion Survey: A Case Study
5 Library Topic: Top Trends for 2014
6 Staff Spotlight: Lorie Birk
Don’t MIss the 2014 Public Employers Conference
7 2014 Public Employers Conference
8 HR Audits: Keeping HR Healthy
9 Conflict Management — a.k.a. Creating a High- Feedback Culture
The 360º Review Process
10 Are You Using E-Verify Correctly?
12 Then & Now: 75 Years of Women and Employment Law 13 Survey’s New Year’s Resolution!
Custom Opinion Surveys
MSEC is celebrating its 75th anniversary this year!
We opened our doors in 1939 with 100 member companies.
Today we have over 3,000 members, in 77 industries, representing
nearly a million employees. We appreciate your support and look
forward to serving you for another 75 years.
JANUARY-FEBRUARY 2014 | MSEC.ORG 1
A Note From the Editor
Lorrie RayMembership Development
It’s 2014, and MSEC is 75 years old! When MSEC began in 1939, just two major employment laws had
passed—the National Labor Relations Act and the Fair Labor Standards Act (FLSA). The FLSA has quite an
interesting history over the years. Reading 75 Years of Women and Employment Law on page 12 may be
cause for refl ection on the enormous changes from 1939 to today. To learn how MSEC’s membership and
services have changed since then, read page two to see the article from our Vice President, Deborah Brackney.
Is your organization facing diffi cult issues in 2014? If so, don’t feel alone. All organizations have challenges.
Many challenges arise from employees and their relationships with one another, their managers, and with
the organization. You may be interested to learn about managing confl ict on page nine, or about how one
MSEC member who used an employee opinion survey successfully on page four.
You can also read about our Public Employers Conference coming up in March 2014 on page six.
Lastly, you can learn about the New Year’s resolutions our Surveys Department has made on page 13!
Of course, we have other items of interest for you as well. You can meet an MSEC staff member and a
member organization by perusing these pages. If you ever want your organization featured, please let us
know. We love our members and enjoy letting others know about all you do!
I wish you a happy 2014!
Optimize your training dollars with MSEC’s on-site classes.
They are effi cient, customized, and economical. Our most requested are:
Performance Management Skills
Ethics
Management Back-to-Basics
Performance Documentation Skills
Supervisor Skills
Harassment in the Workplace
train your sights on an on-site!
JANUARY-FEBRUARY 2014 | MSEC.ORG2
Did you know 75 years ago, in 1939, that:
Colorado Baseball was played in Merchants Park
located on South Broadway,
The median cost of a home in Arizona was
$1,400.00,
Nine weekday departures left from Denver
Municipal Airfi eld (all fl ights with free luggage),
Denver’s largest employer was Gates Rubber
Company,
The population of Phoenix was 65,400,
Denver and Phoenix had streetcars with mass
transit to all areas of each city, and
The Colorado Employers Council was formed?
The Colorado Employers Council started with
100 member organizations, as a response to the
National Labor Relations Act. Employers desired
to join an organization that would help them with
changing employee-relations issues, labor union
contracts, and legal compliance.
In 1945, the Colorado Employers Council changed
its name to Mountain States Employers Council, Inc.
(MSEC). At that time, the Council had grown to 250
members.
In 1947, MSEC fi rst introduced surveys to its
members. These wage and benefi t surveys assist
members in evaluating benefi t and wage prac-
tices to attract the best employees. Currently, we
produce nearly 45 diff erent surveys, refl ecting the
diversity of our members.
As MSEC celebrates 75 years, much has changed
in employer/ employee relationships. While there
are fewer unionized employers now, federal and
state laws such as the civil rights in the 60s, FMLA
in the 90s, and health care reform today mean that
members continue to rely on MSEC to help with the
ramifi cations of such laws.
As the workplace has changed, MSEC has kept up.
Today when a member calls, professional staff can
answer a variety of questions from how to commu-
nicate a request to cover tattoos to how to design
a Total Compensation and Rewards philosophy.
Members trust that MSEC will give practical and
creative suggestions to the trickiest human relations
scenarios.
Leadership has changed greatly in 75 years. From
the industrial leadership practices of command and
control to the knowledge worker’s desire for inclu-
sive and collaborative leadership, MSEC has trained
more than one quarter of a million employees to
manage eff ectively. Whether the training is on
developing a talent management system, prevent-
ing workplace harassment, or leading successful
teams, MSEC has worked to develop organizational
and Human Resource leadership.
In the 1990s, member needs evolved with more
onsite support. The answer became an in-depth set
of services including our Human Resources Profes-
sional Staffi ng Service that can go to members and
serve as their Human Resources staff , Investigation
Services off ered by MSEC attorneys, and Leadership
Academies that develop the organization’s next tier
of leaders.
At the turn of this century, members requested
MSEC locations outside of Denver. The fi rst MSEC
regional offi ce in Colorado Springs was opened in
2000. In 2006, we opened an offi ce in Fort Collins,
and, in 2009, we expanded into Arizona to serve
members there.
What was a 100-member organization in 1939, has
grown to an organization with over 3000 members
strong. While member needs have changed over
the past 75 years, our vision of successful, eff ective
employers remains our vision. We look forward to
our anniversary as a chance to say “thank you” for
you membership.
We know that not all relationships last 75 years.
We are proud of our members and know it is
because of you that we can say “Happy 75th!”
75 Years Ago ...Deborah Brackney, Vice President
JANUARY-FEBRUARY 2014 | MSEC.ORG 3
Family owned and operated, Denver Lumber
Company has served Colorado contractors since
1923. They off er premium products and services in
residential construction. Having reliable resources
and a large inventory helps them tackle jobs in a
timely manner.
Throughout the years, Denver Lumber has empha-
sized quality and service for its customers. They
strive to surpass their competition in these areas.
Referrals have been the backbone to their success,
and they appreciate the business and the relation-
ships that develop with each new customer.
Denver Lumber has been a member of MSEC since
we opened our doors in 1939. Thank you, Denver
Lumber for supporting MSEC for 75 years. We look
forward to another 75 years with you as a member!
Member Profile
Beat The Square-Peg-
Round-Hole Syndrome
MSEC has the services you need to align the right person
to the right job!
We provide:
Comprehensive Background Checks
Cost Eff ective Drug Tests
Sound Behavioral and Skill Testing
For more information call 800.884.1328 or email
JANUARY-FEBRUARY 2014 | MSEC.ORG4
Employee Opinion Survey: A Case StudyHeather Shockey, Outsourced Consulting Services
Many members who have done employee opinion surveys and
found them to be extremely benefi cial, others are not sure when
such a survey would be useful. I thought it might be helpful to
provide a case study so that you can be the judge.
The Concern: A worried member called because they were hearing incomplete
information about dissatisfaction in the workplace. It was diffi -
cult to get to the heart of the matter. Rumors were not consistent,
and there was no employee with a broad enough perspective to
explain the dissatisfaction to leadership.
The Approach:This member called our Custom Opinion Survey staff for help. We met with the member to understand what
was troubling them. After gathering the information, staff developed a custom opinion survey that had two
types of questions.
The fi rst type of question was the kind we ask all employees in organizations who have us conduct opinion
surveys. Asking the same set of questions allows organizations to compare how they do against other
members of MSEC. This is valuable because there are categories where lower scores are to be expected. As an
example, compensation generally receives a low ranking by employees. Who among us is paid what they are
truly worth? The second type of question was specifi c to the organization, based upon their concerns about
the information that was coming from the “grapevine.”
The Outcome:The information from the survey helped the employer in two important ways. It helped the employer fi nd out
what was going well. As the old saying goes, “if it ain’t broke, don’t fi x it.” By knowing where employees were
satisfi ed, the member could maintain those policies and practices, making sure they were not lost or changed
unnecessarily (and highlighted for greater exposure).
The information also pinpointed the source of employee dissatisfaction. By having a clearer picture of what
was giving rise to employee unhappiness, the leadership of the organization could determine what was
possible to change, and how to make those changes. As is often the case, one frustration was the lack of com-
munication from leadership. This was an easy problem to work on, by communicating on a recurring schedule
and in a variety of ways: short small-group meetings, interactive conversations, and weekly company-wide
emails on the progress of certain important projects.
Prior to conducting a survey, members must think strategically about how they will respond to the informa-
tion gathered. While the lack of communication was easy to identify, leadership must be committed to fi xing
the problem, and investing time and energy into communicating in a variety of ways.
If you are considering a custom opinion survey, call me. I can talk to you about when - and when not - to do
a survey. Contact me at 800.884.1328.
JANUARY-FEBRUARY 2014 | MSEC.ORG
Judging by the topics spotlighted in the materi-
als fl owing into the MSEC Library, 2014 will hit
workplaces with a confl uence of forces driven by
technology, socio-political changes, and econom-
ics. HR departments in every organization will be
challenged to respond and some may fi nd new
opportunities with preparation. MSEC Library
resources can inform and enhance your ability to
manage these 2014 trends.
TechnologyEmployee’s use of social media and powerful per-
sonal electronic devices will keep employers on their
toes as they struggle to fi gure out appropriate and
legal practices and policies. This is especially true for
those who employ large numbers of younger work-
ers. Millennials consider mobile devices an exten-
sion of their very being, and limitations placed on
access or use is akin to a personal attack. As workers
of all ages expand their use of mobile technology
and blur the lines between personal and work lives,
what are appropriate employer responses?
Increasingly sophisticated interactive technology is
challenging notions of outdated training practices.
M-Learning (i.e., training via mobile devices) and
Gamifi cation (i.e., applying game principles to
training) promise to engage Millennial employees
who are wholly accustomed to such technology.
How can you enhance employee learning?
Socio-PoliticalHealth care reform; legalized recreational mari-
juana; and civil unions, domestic partnerships, and
same-sex marriages are just a few current socio-
political challenges. HR should also be prepared
for changing legal uses of criminal and fi nancial
pre-employment screening. Are your policies and
practices ready for these changes?
WomenThe ascendancy of women into positions of author-
ity continues as their levels of higher education
outpaces that of men. Increasingly women are the
most qualifi ed applicants for a wider range of jobs.
What impact will this have on national politics and
policies (e.g., work/life balance)? When the best-
qualifi ed applicants are increasingly female, what
kind of benefi ts and corporate culture will attract
and retain them for your organization?
EconomicsAs the American economy improves in 2014, hir-
ing increases and employee turnover may jump.
Experienced employees may retire as investment
portfolios improve along with the economy. What
will be the impact of “brain drain” on your opera-
tions? Are your succession plans in order?
Expectations Talented people with the highest skill levels
demand fl exible work arrangements and may
prefer temporary opportunities over long-term
commitments. Customers have high expectations
of immediate and on-demand services. How nimble
is your organization to innovate and accommodate
these expectations?
Resources are available for check out to help these
and other challenges you face in 2014. Please con-
tact me at 800.884.1328 or [email protected] .
5 steps to use information resources and boost your
professional network:
• Identify reliable information resources and sched-
ule time every day to review.
• Automate searches with smart fi lters to screen out
unwanted information; create folders to save good
content.
• Take daily walks to contemplate and synthesize
information with your thoughts.
• Engage with professional, high-quality blogs by
contributing concise, well-conceived posts, using
facts from your online resources and personal
experiences.
• Build an online brand to boost your perceived
networking value on professional social sites.
5
MSEC Library Topic: Top Trends for 2014James McDonough, Membership Development
JANUARY-FEBRUARY 2014 | MSEC.ORG6
Lorie Birk joined MSEC in
2011 as an employment
law attorney. In July 2012,
she assumed the role of
Arizona Vice President,
Membership Services.
Lorie has over 20 years of
experience providing in-house general and employ-
ment law support to multi-location technology
companies and human services organizations. She
also has over eight years of experience leading
Human Resources departments. She began her
career in Silicon Valley, California and relocated to
Arizona in 2006.
During her career, Lorie has provided council as part
of the executive management team. She has dealt
with all facets of HR including internal investiga-
tions, employment litigation and administrative
charges, mergers and acquisitions, executive
and sales compensation plans, and international
employment matters.
Lorie obtained in B.A. in International Relations
from the University of San Diego and her law
degree from McGeorge School of Law at the
University of the Pacifi c. Lorie has also passed the
California and Arizona state bar exams. Her areas of
expertise include the Family and Medical Leave Act
and wage and hour issues. She is on the board of
the SHRM of Greater Phoenix Chapter.
When Lorie is not assisting MSEC members, she
likes to hike, read, and cook.
Staff Member Spotlight!
Lorie Birk
Don’t Miss the 2014 Public Employers ConferenceMark Cicotello, Human Resource Services
MSEC will hold this year’s Public
Employers Conference - Deeply
Rooted. Growing Forward on
Friday, March 14. The theme
draws on both the heritage and
future of the diverse group of
towns, cities, special districts,
school districts, counties, and state agencies that
serve the citizens of Colorado. Conference attendees
will receive timely, relevant, insightful information on
an array of topics as well as have a chance to network,
exchange stories, and perhaps meet and make new
HR friends.
MSEC’s Deborah Brackney will start the conference
with a session titled: Great Leaders Create Organi-
zational Sustainability. Liz Ryan, the CEO of Human
Workplace, will give the Keynote speech. Liz is a
widely read, well-respected, and high-energy HR
thought leader who lives in Colorado. The title of Liz’s
presentation is Your HR Mission, Brand, and Career.
The conference also features two general session
topics. The very popular Legislation and Case Law
Update will occur in the morning and an insightful
panel discussion titled Dual-Roles: HR Professionals
and Elected Offi cials will start the afternoon session.
Members of the panel are unique because they serve
in both roles. We will present three morning and
one afternoon breakout sessions. You can choose to
attend The Coming Talent Management Challenge,
Re-Examining Public Pension Plans, or Ethics: 10 Tips
to Keep You Out of the Denver Post.
The conference is a great opportunity to gather with
Human Resource colleagues in public organizations
from across the state.
JANUARY-FEBRUARY 2014 | MSEC.ORG 7
Cost: $179Sheraton Hotel • 360 Union Boulevard
Lakewood, Colorado 80228To register, call 303.894.6732 or email [email protected]
JANUARY-FEBRUARY 2014 | MSEC.ORG8
HR Audits: Keeping HR HealthyKristen Borrego, Outsourced Consulting Services
Today’s HR environment is more complex than ever
before. New laws and regulations can make it seem
impossible to keep up. We receive calls from mem-
bers all the time asking for assistance in fi xing items
that they have become aware are important. Still,
how do you know what you don’t know? In most
cases, the best way to uncover lurking compliance
issues is a Human Resource audit of your current
practices.
What is a Human Resource Audit?A Human Resource audit is a review of your current
HR activities to determine what, if anything, needs
done to improve the function. It involves system-
atically reviewing all aspects of Human Resources,
ensuring that government regulations and com-
pany policies are adhered to and key practices are in
place. It also includes highlighting current strengths,
reviewing processes where HR could operate more
effi ciently and eff ectively, and identifying problem
areas.
What areas can a Human Resource audit cover?
Organization Demographics• Employee size, locations, and employee groups
• Government contracts, industry, and private/pub-
lic/nonprofi t sector
• HR department structure and positions
Pre-employment Screening & Selection• Employment application
• Candidate background check procedures
• Interview and screening process meet EEO
standards, defi nition of an applicant, and candidate
testing tools and practices
• Candidate reference check procedures
• E-Verify requirements
Regulatory Reporting• New-employee reporting
• EEO-1 fi led
• EEOP/Affi rmative Action program
• Form 5500
• OSHA regulations followed and log maintained
Wage & Hour• Overtime pay practices and timesheet procedures
• Equal Pay Act compliance
• Federal, state, and local payroll withholding
implemented
• Child labor considerations – employment
of minors
Benefi ts Administration• COBRA and FMLA administration process and
procedures
• Benefi t plan documents for healthcare and
retirement plans
HR Administration• Employment posters
• Americans with Disabilities Act – reasonable
accommodation practices and accessibility
• Employee Handbook
MSEC has resources to assist you in conducting your
own HR audit or we can do it for you! If you are
ready to know what you don’t know contact us at
JANUARY-FEBRUARY 2014 | MSEC.ORG 9
Conflict Management – a.k.a. Creating a High-Feedback CultureMegara Kastner, Organizational Development and Learning
Confl ict is inevitable.
Confl ict can be destructive.
Confl ict is necessary and helps a group develop its capacity for diff erence,
creativity, and frequent feedback.
Learning to manage confl ict so it can be used as an asset is the best thing a group can do. Groups that work
in an open-feedback system can readily express diff erences to help build the capacity of the group. Without
diff erences, a group is stagnant, everyone thinks the same, does the same work, and cannot create new
perspectives.
Confl ict is nothing more than undelivered feedback. In traditional western European/U.S. culture, most
people avoid confl ict. We tend to wait, hoping someone will “get it” (the subtle hints) and change on their
own. By the time we deliver the feedback, our dissatisfaction may have built to the point that the feedback
comes with an intention and tone that sounds like a demand for change or even a threat.
A high-feedback culture is based in expressing the impact behaviors have on others. Creating such a culture
takes time, commitment, and practice by everyone. Yes, it is completely possible to create a culture that
eff ectively manages confl ict and inspires a high-feedback system.
Feedback is just data. It is not a demand for change. It may be followed with a request. It may also be an
invitation to collaborate for change. Feedback is an off ering of data to help improve the relationship to build
the interconnections. These exchanges need to happen regularly as part of normal group behavior.
There are three general forms of feedback: 1) Positive Feedback, when one thanks another because the
impact was so positive; 2) Asking for Feedback, when one asks the other about the impact of her/his behavior
has had; 3) Making a Request Feedback, when one expresses a diff erence and asks to collaborate on a change.
We have several consultants in our Organization Development and Learning Department that can work with
and coach your group toward a high-feedback culture. Call or email us for assistance.
The 360º Review Process How do managers, supervisors, and leaders receive feedback to help them grow?
A 360 review process is helpful, if the information is constructive and allows for real growth. MSEC has such a method for creating real growth in those who must
manage and lead your workplace.
For more information contact our Organization Development and Learning Department at 800.884.1328.
JANUARY-FEBRUARY 2014 | MSEC.ORG10
Are You Using E-Verify Correctly?Christina Bauer, Specialized Legal Services
Many MSEC members use E-Verify. E-Verify is the
data system managed by the U.S. Department
of Homeland Security (DHS) which supplements
the I-9 process and provides verifi cation of valid
work authorizing documents for over 98 percent of
employees. Congress is very pleased with E-Verify.
Most discussions of reforming the U.S. immigration
system include proposals for all U.S. employers to
enroll in E-Verify within the next fi ve years. MSEC’s
Immigration Unit responds to
member questions about using
the system. In doing so, our
staff has observed that many
members using the system do
not understand it well or use it
properly.
The E-Verify system allows
data sharing about employee
identity and work authorizing
documents among employers,
the Social Security Administra-
tion (SSA,) and the DHS. The process is very simple:
the employer inputs the employee data from the
I-9 form for each new hire and most rehires (i.e.,
an exception exists for certain rehired employees
recently checked using E-Verify ). Certain E-Verify
employers, mandated to participate under a qualify-
ing federal contract, may also check existing employ-
ees assigned to work on the contract using E-Verify.
The E-Verify system also allows federal authorities to
mine the database, applying algorithms and other
analytical tools to identify patterns of usage that
violate E-Verify requirements. E-Verify’s Monitoring
and Compliance Branch may contact employers with
reminders of proper practices, invite them to partici-
pate in a desk audit or face-to-face visit, or even fi ne
or debar participating employers with more serious
violations.
Recently, DHS modifi ed the Memoranda of Under-
standing (MOU) that governs employer relations
with E-Verify and the participating agencies. New
users already receive the new versions when they
enroll. Existing users automatically become subject
to the revised MOU on January 8, 2014, and should
review the new MOU before then.
There are two diff erent paradigms of the MOUs, one
for employers accessing the system through a web
browser and one for employers accessing the system
through a web services interface. In addition, there
is one MOU for employers, one
for employer agents, and one for
employers who have delegated
their verifi cation process to an
employer agent. The substance
of the agreements is the same,
but details vary. Be sure that
you review the proper one for
your situation. In every case, the
employer retains full liability for
compliance with the E-Verify
requirements and process.
DHS modifi ed the MOUs to make them easier to
read and understand. It rearranged the order of the
sections to make the employers’ duties more promi-
nent. The revisions emphasize certain employer
duties, adding requirements to some of them. See
which are familiar to you:
• Employers must maintain confi dentiality of
employee information and must report breaches of
confi dentiality to DHS.
• Employers must post notices of their E-Verify
participation where applicants can readily see them,
including on their electronic media used for recruit-
ment.
• Employers must continue to prepare and store I-9
forms in addition to E-Verify. E-Verify printouts or
confi rmation numbers must accompany the I-9 form.
• Employers may not create an E-Verify case before
hire or use it for pre-employment screening.
JANUARY-FEBRUARY 2014 | MSEC.ORG
• Employers must create an E-Verify case for all
newly-hired employees and enter the employee
identity and work authorizing data.
If the Social Security Number provided by the
new employee shows signs of fraudulent use, the
E-Verify system may lock the number, resulting in
a Tentative Non-Confi rmation (TNC) each time the
number is entered into the E-Verify system.
• If an inquiry results in a TNC for a new employee,
the employer must notify the employee promptly in
private and provide the Further Action Notice (FAN).
• If the employee contests the TNC, the employer
must report the contest to E-Verify and will receive
a Referral Date Confi rmation (RDC) for the employee
with instructions on contacting the agency that
issued the TNC, which may be either SSA or DHS.
• Employees who contest have eight federal
government working days to contact the SSA after
being notifi ed of a TNC from the SSA or 10 federal
government working days to contact the DHS after a
TNC from that agency.
• Employees who fail to contact the referring agency
within the designated time will be classifi ed as
“No-Shows.”
• Employees who contact the referring agency
have an opportunity to prove that the TNC was not
appropriate and to confi rm their identity and work
authorization. These cases are resolved by the SSA
or DHS as either Work Authorized or Final Noncon-
fi rmation (FNC).
• Employers have no more responsibility or authority
to determine identity or work authorization for
employees after TNCs are issued. This evaluation
rests solely with the referring agency. Employers
must continue to allow employees to work while
this evaluation is conducted.
• The E-Verify case can be resolved as No Show,
Work Authorized, or FNC. Employers are notifi ed
of the case resolution by returning to the E-Verify
system for an update.
• Once the employee is classifi ed as either an FNC
or No Show, the employer may terminate employ-
ment based on the employee’s failure to pass the
E-Verify process. The employer terminating on this
basis is protected from an employee claim that the
termination was discriminatory.
• If the employer decides to retain the employee
instead of terminating, the employer must report
this decision to DHS and be prepared to defend its
action against a DHS claim that it has knowingly
continued to employ someone whom it knew was
not work authorized.
If some of these points do not conform to your
company’s E-Verify practices or if you are interested
in enrolling in E-Verify, visit the website at www.
dhs.gov/E-Verify for more information. The MSEC
Immigration Unit also invites you to contact us –
Chris Bauer or Sherry Lin– to discuss your questions
or concerns about E-Verify. Call 800.884.1328 to
fi nd out more.
11
E-Verify continued from page 10
JANUARY-FEBRUARY 2014 | MSEC.ORG12
Then & Now75 Years of Women and Employment LawJames McDonough, Membership Development
For the last 75 years, Employment Laws have been
driven in part by the dramatically changing role of
women in the American workplace. In 1939, the
year MSEC was created, women comprised 22
percent of the workforce. Gender-based discrimina-
tion, and social norms of the times limited options
for women in the American workplace. Middle and
upper class women were expected to rear children,
tend the home fi res, and volunteer in charity work;
employment outside the home was “gauche” and
limited to “lace collar” jobs (retail clothing stores).
When the U.S. entered World War II, everything
changed. At least 300,000 American women joined
the armed forces, and millions fi lled the void in
American industry left by men who went to battle.
Women were now working in industries and
highly skilled jobs previously reserved for men only.
From 1940 to 1945, the female workforce grew 50
precent, with an astounding 462 percent increase in
U.S. defense industries. Importantly, cultural norms
shifted and it became acceptable for middle class
women to work outside the home alongside non-
familial men. Refl ecting such changes, an important
precedent was set in 1942 by the War Labor Board’s
policy of equal pay for equal work that eliminated
wage diff erentials based on sex (General Order No.
16; Adopted 24 November 1942).
After WWII ended, many expected “Rosy the Riveter”
to relinquish their jobs to returning GIs, and return
to old roles. Many did just that and settled back into
a complacent acceptance of pre-war norms. But
underneath this smooth veneer, a new society was
percolating. Many women’s career aspirations had
expanded dramatically during the war years and
their labor force participation continued to climb.
There was no going back. The aspirations for gender
equality in the workplace took hold with a fl urry of
signifi cant Federal legislation in the early 1960’s. In
1963, the Equal Pay Act passed, the fi rst law pro-
hibiting sex discrimination. 1964 brought the Civil
Rights Act and Title VII requiring equal employment
opportunity and creation of the EEOC to enforce
such rights. For the next decade, Employment Law
evolved signifi cantly as this landmark legislation
impacted workplace practices throughout the
country.
The Feminist movement gained steam into the
1970’s, with an emphasis on empowerment and
workplace equality. The 1978 passage of the
Pregnancy Discrimination Act, prohibiting discrimi-
nation against women based on pregnancy or the
possibility of pregnancy, was the sole signifi cant
new law. Under the radar a “quiet revolution” was
taking place; a signifi cant increase in women enter-
ing higher education for careers in male-dominated
professions such as medicine, business and law.
Millions of women clearly had goals of professional
careers outside of the home. Refl ecting women’s
desire for Constitutional recognition and protection
of their rights, the Equal Rights Amendment (ERA)
was introduced to Congress in 1982. ERA failed to
pass, and was sent to the states; 35 ratifi ed it, short
of the 38 required to pass. The bill has been intro-
duced into every Congress since, but never passed.
Employment Law continued to evolve with the
1993 passage of FMLA; granting job security rights
to many workers for personal health and family
illnesses. 2009 was a milestone year with The Pay-
check Fairness Act (an attempt to address gender-
based wage gap) that failed to pass, but pay equity
was addressed that year with passage of the Lily
Ledbetter Fair Pay Act (granting expanded time to
seek legal redress for pay discrimination).
For 75 years, MSEC has witnessed the dynamic
evolution of women and employment law in the
American workplace. Today, women account for 47
percent of the labor force and by 2050 will number
92 million in the workplace. The journey continues.
US Workforce statistics source: US BLS
JANUARY-FEBRUARY 2014 | MSEC.ORG 13
Survey’s New Year’s Resolution!Sue Wolf, Surveys
MSEC understands the importance of producing validated surveys employers can rely on when making
business decisions. To ensure our members receive accurate and timely survey data, we too are making
some resolutions.
With the migration to our new survey system, called “Periscope”, we want to observe questionnaire submis-
sion deadlines in order to publish timely fi nal reports. In 2014, the “posted” questionnaire deadline will be
the fi nal acceptance date to participate in a survey. Our goal is to give you more time up-front to complete
questionnaires and move away from the practice of extending deadlines that delay the publication of a
survey.
Help us to continue publishing the most reliable and trusted compensation and benefi t surveys in the Rocky
Mountain region by submitting your questionnaires on or before the posted deadline throughout 2014.
Mark your 2014 calendar with these important survey dates!
Survey Questionnaire Sent Questionnaire Due Survey Publishes
Health & Welfare Plans January 8, 2014 March 14, 2014 April 25, 2014
Personnel Pulse January 13, 2014 February 24, 2014 March 19, 2014
Benchmark Comp February 19, 2014 May 2, 2014 June 10, 2014
Planning Packet July 15, 2014 August 15, 2014 September 17, 2014
Paid Time Off Policies September 8, 2014 November 12, 2014 December 31, 2014
Three Easy Ways to Submit Survey Data:1. Enter your data directly into the online questionnaire. Use this option if you have few job matches and
employee rates to enter manually into online questionnaire.
2. Download data from your HRIS system. Use this option if you have lots of job matches and employee rates
to submit. Download your compensation data and submit an Excel spreadsheet instead of manually entering
the data into the online questionnaire, collection sheet, or rate sheet.
3. Download hard copy questionnaire documents from MSEC’s website. Use this option if you want to write
your data manually on a hard copy rate sheet. Login to www.msec.org, select “Questionnaires” from the left-
hand menu under the heading “Surveys”, and follow the directions to download the collection sheet
and questionnaire.
MSEC has been conducting opinion surveys for more than 25 years. Our state-of-the-art software creates surveys that work for your
organization. We can help gather the information, provide a comprehen-sive report and, data interpretation. For more information call 800.884.1328.
PRSR
T ST
DU
S PO
STAG
EPA
IDDE
NVER
, CO
PERM
IT N
O. 5
521
79
9 P
en
nsy
lva
nia
Str
ee
t
P.O
. Bo
x 5
39
De
nv
er,
Co
lora
do
80
20
1-0
53
9
MS
EC
.org
| 8
00
.88
4.1
32
8