"The Paradigm Shift" by The Association of Corporate Executive Coaches


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The Association of Corporate Executive Coaches E-magazine: Focused on presenting 360˚ business information for Corporate Executive Coaches to either grow their practice or for them to have information to support an impressive dialogue with client companies.
Sections include:
a. Board Room Desk – Who is really running your client companies
b. Technology Desk – What’s new that can help your business
c. Human Resource – What do you and your clients need to know
d. Talent Management – Latest trends influencing your client companies
e. Labor Law – What are the newest laws affecting your client companies
and more.
Copies are sent 4 times a year to our members desktop, past issues are located on our website.

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"The Paradigm Shift" by The Association of Corporate Executive Coaches

  1. 1. FOCUSTo celebrate the achievements of veteran corporate executive coaches who havecontributed to our field and to provide 360° business intelligence to their work with the goal ofstimulating continuous paradigm shifts - www.acec-website.org – cb@acec-website.org
  2. 2. • Onboarding New Employees: An Opportunity to Build Association of Corporate Long-Term Productivity and Retention pg. 1 • Stick a Fork in Annual Performance Review Systems pg. 2 • Connecting to Generation C pg. 3 Executive Coaches • Mobile Marketing For Small Business pg. 3 • 3 Simple Ways to Grab Your Share of a $170 Billion Market pg. 5 • Board Room Desk pg. 5 • Business Leadership Programs Ignore the Key Ingredients of Success pg. 6 • A Silence Hangs Over Gay CEOs pg. 7 Your goals – Our Mission • Legal Desk pg. 8 • Workplace Desk pg. 10 • Technology Desk pg. 11 • New Tools For Coaches pg. 15 • Webinars pg. 16 • Think-Tank pg. 16 • The Exploding Business of Bartering pg. 17 • Thoughts From the Executive Director pg. 18 • Business Acumen and the Leadership Coach pg. 18Onboarding New Employees:An Opportunity to Build Greetings to all of our ACEC,Long-Term Productivity and Members!Retention by Anne E. Herman, Ph.DUntil recently, there has not been significant focus During the onboarding process, it is also important formal and information structures andon the onboarding of new employees into to consider how to evaluate the performance of new processes can be accomplished in severalorganizations. Sure, most companies host new hire employees. Most existing performance management ways.orientations where benefits are reviewed, codes of system criteria do not apply. Instead, it isconduct are presented, and basic tools such as advantageous to set training and performance Organizations may choose to employ formalphones, computers and office supplies are ordered benchmarks for new employees that focus on mentoring programs, where each new memberor confirmed. But for many new employees, this is learning rather than performance during the first six is assigned to partner with one or morewhere the efforts stop. to 12 months, depending on the requirements of the tenured peers. Some organizations who are employees role. This learning orientation allows the more advanced may choose to createNow, however, many organizations are recognizing new employee to take more risks while learning, mentoring programs where a newer employeethat onboarding is more than just processing which based on understanding of the examinations is assigned to a team of mentors from variouspaperwork and completing the checklist for a new of effective learning methodology, is a necessary tenures, job roles, etc. At a minimum, newhire to start. True onboarding involves making sure element for training success. In addition, employees should be assigned one pointemployees have the information needed to be organizations would be well served if they worked to person to whom they can ask questions, raiseeffective in their jobs. This needed information often reward these new employees on achieving learning concerns, or simply exchange information with.comes in the form of two efforts-training and goals.socialization. Other, less formal opportunities for socializing Socialization of new employees is the other primary employees include communicating factsTraining can involve formal classroom opportunities component of successful onboarding processes. related to the organizational structure,or can occur when employees model behavior, work This involves introducing new members to the providing relevant contact information orwith a more experienced colleague, or assist with culture and to the accepted practices of the sharing other pertinent information bysmall portions of larger projects while being organization, division, or business unit in which they publishing go-to phone lists and organizational"monitored" by someone with the end goal in mind. now belong. The development of this shared charts. understanding of the organizations Cont. pg. 2 2
  3. 3. Onboarding New Employees: An Opportunity to Build Long-Term Productivity andRetention Cont. from pg. 1important component of socialization for onboarding is helping new members build their own organizational network. Though some employees may do this more naturally,many new hires may need assistance. Employees of all tenure will be more effective when they know who to call, practical turnaround times for assistance, and where tofind important information. In addition to creating opportunities that enhance the learning and socialization of new employees, another practice gaining momentum issurveying new hires to better understand their experiences. These surveys are occurring within organizations that either do or do not offer these formal practices for bringingnew employees into organizations.Onboarding surveys are typically constructed to ask new employees about integrating into the organization. Specifically, the surveys seek opinions on job tasks, directmanagers/leaders and team members to determine if the employees experiences are meeting the expectations they held when entering the organization. These surveysprovide organizations with a means to evaluate how well they are able to retain and engage newer employees and can provide opportunities to explain performancedifferences at the employee and work team levels.Regardless of where your organization stands in bringing new employees into the fold, or your level of effectiveness in executing on these processes, the importance of asuccessful onboarding, or enculturation process can no longer be overlooked. In fact, the potential consequences that an effective, or ineffective, onboarding process canhave on new employees, their retention in the organization, and ultimately, their performance, should provide the justification for you to consider examining the ways that ourorganization can improve its onboarding processes.An employee on a rigorous three-month onboarding program will bill at 30 hours per week at $300/hour after three months of employment. This is relative to an employee ona less rigorous program. Because the individual is less proficient and the company is not billing the client for the learning curve, it is only billing 18 hours per week at $300per hour. In this simple example, the revenue gain for the rigorous onboarding program is approximately $65,000 per employee per year.Stick a Fork in Annual Performance Review SystemsREPRINT FROM: China Gorman’s Blog http://chinagorman.comToday’s data points come from two recent surveys: one from Achievers and one from Cornerstone OnDemand. Both surveys show clearly that annual performance reviewsystems’ time has come. It’s over. Time to stick a fork in them.Well, it’s time to stick a fork in them if you’re interested in providing the kind of feedback to your employees that is focused on growing their skills, binding them closer to theorganization and engaging their full and discretionary energy.Let’s look first at the Achievers data. As part of a survey fielded in April of this year, employees were asked how frequently they would like to receive feedback from theirmanagers. HR professionals and CEOs were asked how frequently they thought employees in their organizations would like to receive feedback from their managers. Dothe answers surprise you?No surprise that employees would like to receive feedback immediately or on the spot – or at least weekly. Maybe a bit of a surprise that both HR professionals and CEOsknow this. Here’s the question, though: if employees, HR professionals and CEOs all know that employees don’t want feedback in an annual context, then why are themajority of performance feedback systems in use today based on an annual model?Making matters worse, Cornerstone OnDemand published survey results from late 2011 with related findings: only 37% of employees report that they’ve been given useful feedback from their manager/employer in the performance review process Only 32% said that their performance goals are aligned with their company’s business objectives Only 20% have established career goals with their manager/employerSo. Annual feedback systems satisfy no one from a frequency perspective. And feedback systems in general are not providing useful feedback for employee skill growth orengagement – or in line with business objectives.At this point, you could say, “Yikes!” and start moaning.Or, you could say, “This looks like an opportunity for HR to make a significant contribution to the success of the business!” and start collecting similar data from yourorganization to identify whether this opportunity is real. If it is real, I see the building of a compelling business case in your future – just in time for the FY2013 budgetplanning process.And a new more powerful way to engage employees and manage performance in your organization could be right around the corner. 3
  4. 4. Special Interest Group! Good leaders + Great Coaches = Outstanding Achievers!Connecting to Generation C Mobile Marketing For Small BusinessBy Isobel Harris Somewhere in America a small business owner just experienced an anxiety attack that included breaking out in a cold sweat, because he had just discovered twoAs a new generation emerges that is connected socially and things: Half of the prospects and customers in his market cannot find his business.technologically like never before, organizations must adapt their talent- Half of the calls his prospects and customers want to make to his business nevermanagement strategies in order to engage with these workers on their get through.terms and leverage their next-generation skills and know-how. As eachnew generation enters the workforce, organizations have learned to adapt Pretty scary, huh?! Glad that’s not your nightmare, right?! Well, hold on to thattheir recruiting, hiring and development strategies to account for the newest thought as you digest the following information.additions to the candidate pool. Just when companies think they havemastered talent-management techniques for the latest generation, a new Currently, about 100 million Americans own smartphones and that number isclassification of worker, such as the latest known as Generation C, emerges. growing exponentially. That’s about half of the U.S. population who are likely to own a smartphone sometime in the near future. Here’s the math: 300 million Americans,Unlike previous generations, such as Generation X and Y, this new generation minus children and others not likely to own a smartphone equals about 200 million,encompasses more than just a new batch of college graduates. It is also a of which half already own smartphones.psychographic group comprised of people of different ages who are moreconnected, both socially and technologically, than ever before. So what are 100 million Americans doing on the tiny screens of these magic wands?Although there may be some talent-management challenges for this new Besides making calls, texting and sending emails, they are....group, hiring them is integral to the success of any organization. To preparefor the impending mass retirement of baby boomers, Generation C will have to Shopping online – making decisions about what they want and who to buy it from.be brought on to fill the ensuing talent gaps and eventually take over keymanagement positions. Navigating to businesses – the one they chose while shopping, or the one previously unknown to them that pops up in their local search.While hiring Generation C will be a necessity in the future, companies that can Buying stuff – using PayPal, credit card, or internal charge in the case of anengage and recruit this group in the present will benefit from the strengths established account.they offer. When brought on board, a member of Generation C isnt justcontributing their own individual skills and experience. They also bring along But in order to do all three of these things in such a way that makes it easy-peasythe value of their networks, to which they are constantly connected, resulting for the smartphone owner, the business has to be mobile-ready. That means havingin real-time productivity through collaboration. In this way, mobility is just an all of your business information and resources compatible with the smartphone formenabler and collaboration is the key. Business will increasingly realize benefits factor and technology in at least two ways:from fact-based decisions achieved through digitalized technology andenabled by mobility to achieve productivity through real time collaboration. In - Online information is optimized for mobile search, especially local search.the end, its all about collaboration!Cont. pg. 4 - A mobile website option is available to smartphone users. Cont. pg. 4 4
  5. 5. (Continued) Mobile Marketing Connecting to Generation C Cont. For Small Business cont. from pg. 3 According to the Jobvite Social Recruiting Survey 2011, 82 percent of jobseekers used social media as part of By now you get the picture that the anxiety attack of their job search in 2011, with 14.4 million people finding their last jobs through social networks. LinkedIn has the small business owner mentioned earlier is emerged as the top site employers use to find talent, capitalizing on the connectedness of the new generation because his business isn’t ready for mobile primetime. by allowing users to easily share job postings and recommend their friends and colleagues. Additionally, So how dry is your forehead right now? organizations can create dedicated recruiter profiles on LinkedIn to more easily disperse their open positions across the social network. In the 21st century, where being relevant to customers is trumping being competitive, a big part of relevance Twitter is becoming an increasingly useful tool for recruiting as well. Like with LinkedIn, companies can create is being fully accessible and high-functioning specific recruiter profiles to post open positions, accessing a wide candidate pool instantaneously. To further regardless of how a prospect or customer wants to connect with you. And every day, that connection is leverage the immediate sharing of job postings, companies can enhance their own corporate recruitment sites increasingly being requested from the palm of the by adding "share" buttons, providing jobseekers with another avenue for passing jobs along to their networks. hand. Breaking Down the Generation C Stereotype This will be on the test... Not all small businesses need a mobile app, but all need a mobile website. Is Although employers have much to gain from hiring Generation C workers, there are several stigmas your business ready for mobile prime-time? By Small surrounding the group that might make them seem undesirable. For instance, younger workers are often seen Business Resources Cafe as lacking loyalty and having poor work ethics, due to their job-hopping tendencies. But with older workers rapidly retiring from the workforce, organizations will have to depend on Generation C to fill the resulting gaps. Despite the concerns about the new generation, a study by the Corporate Executive Board shows that younger workers are very similar to older employees in terms of emotional intelligence, communication skills, problem solving and overall performance. The study illustrates that Generation C is actually more motivated than previous generations to achieve well defined goals. This is due in part to growing up with video games in Connecting to which goals are completed in order to move onto the next round, and the emergence of social media and blogging, in which the goal is to get more connections, followers and interactions. In both gaming and social Generation C networking, the individual competes and interacts with users all over the world. Cont. from pg. 3 Leveraging that mentality, organizations can cultivate greater performance by giving attainable and defined The organizations that figure out how to leverage this goals that the workers will be eager to achieve. emerging populace, by interacting through the same channels they use in their highly digitalized worlds, will Developing Talent-Management Strategies for Generation C benefit exponentially from their technological know- how and connectedness in order to achieve business Although Generation C employees can be seen as entitled, compensation isnt their main motivator. A survey goals. by the Pew Research Center shows that a mere 15 percent of younger workers cite having a high-paying career as the most important thing in their lives. More personal and social aspects, such as being a good Who is Generation C? parent, having a successful marriage and helping others in need were rated as significantly more important. Following in the digital footprints of the millennials, Generation C -- with the C standing for "connected" -- Moreover, the CEB study shows that a majority of younger workers will stay in a position if they see is a term coined by Nielsen, a global leader in opportunities for career advancement, valuing job satisfaction over salary as their main motivation for staying measurement and information, to describe young in a job. Still, if they do not receive training geared towards their key touch points, it will be harder to minimize adults between the ages of 18 and 34 who lead a attrition and keep them in their positions. mainly digital lifestyle. Although making up just 23 percent of the U.S. population, this group leads all As the members of Generation C are experts at digesting large amounts of information quickly, they are likely other groups in their use of online videos, networking, to resist processes and tools that are not optimized for this proficiency. For instance, they are adept at drawing blog sites and in owning tablets and smartphones. The term was originally used by marketing connections with any given audience much more easily than others, a key strength in todays interconnected companies, who had to change their strategies to environment. Additionally, as they give more credence to social content than formal content, their decision leverage the buying power and group decision-making making is heavily influenced by their social networks. As studies have shown that Generation C can become of the new generation. However, as the influence of physically uncomfortable when not connected, it is important to allow them use their networks and eagerness Generation C grows in the workforce, employers must to collaborate with others to advance their own and the companys business goals. pay attention as well. How to Retain Generation C As the world becomes increasingly global and mobile, employers can benefit from workers who are in tune While it may be easy to embrace social media as a way to attract Generation C to open positions, another with the latest technology and are adept at communicating through the latest devices and challenge lies in keeping them engaged and avoiding high turnover rates. Offering flexible working situations, collaborating with people all over the world. The such as allowing employees to work from home, can allow the mobile employee to have more control over connectedness of this generation can empower and when and where they work. align the workforce to levels never achieved before, creating real-time collaboration through digitalized Another strategy is to develop a work culture that engages employees through a fun environment that causes technology, and enhanced mobility. In order to them to view their positions as more than just a job. Additionally, providing continuous development plans and leverage the power of Generation C, though, clear career-path options can allow them see their place in the organization and help to prevent the job- employers must learn how to connect with them in hopping for which Generation C workers are well known. their totally plugged-in lifestyles. Next-Generation Recruitment With more baby boomers retiring and the economy showing signs of recovery, increasing the hiring of Generation C should be a major focus of any companys talent-acquisition plans. As they are in tune with the To benefit from the many strengths Generation C latest technologies and social networks, they are becoming an increasingly valuable source of talent. In order workers possess, organizations have to recalibrate to fully leverage this new generation of worker, companies must embrace those same technologies and social their recruiting strategies in order to meet them where networks these workers use to stand out from the competition and better engage them. they are and engage with them through their preferred channels. While increasing their presence at job fairs Organizations that understand how to empower and engage Generation C through their networks will realize and on-campus recruiting can help, to fully tap into this valuable source of talent, the organization has to gains in true, next-generation performance levels. expand its presence online. Indeed, to leverage the strengths of the new generation, who will rely on their Isobel Harris is chief customer officer at Peoplefluent . connectedness for almost every aspect of their work, it only makes sense to start the engagement process on their level. 5
  6. 6. 3 Simple Ways to Grab Your Share of a Board Room Desk$170 Billion Market`by Alvina Lopez New Appointments Coach appointed Kleiner Perkins Caufield & Byers executive-in-residence Stephanie Tilenius to theThe Millennials (also known as Generation Y) are often the hardest age group for Internet Marketers board of directors. Tilenius is a former Google executive,to “crack.” serving as vice president of global commerce and payments. She also previously served as senior viceResearch shows that they don’t respond well to traditional marketing techniques and are president of eBay.com. She is a member ofexceptionally picky when it comes to promotional methods used on social media sites like Facebook the IronPlanet board.and Twitter. This is because consumers in this age group have been found to be less tolerant thanother (older) age groups. For example, if a marketer updates a Facebook fan page too many times Wal-Mart appointed retired KPMGa day, he or she will quite likely find that they have fewer fans by the end of it. International Chairman Timothy P. Flynn to the board of directors. Flynn served as KPMG’s international chairmanMillennials find excessive tweeting and status updates annoying. And if you think you don’t need from 2007 until his retirement in October 2011, completingyoung consumers interested in your business, you may want to think again: Millennials have a 32 years at the company and its predecessors. He iswhopping $170 billion annual purchasing power. currently a director at JPMorgan Chase, and is a formerThat’s a lot of money that could be put in your pockets! So what techniques do manage to grasp this trustee of the Financial Accounting Standards Board.age group’s attention? General Electric elected John J. “Jack” Brennan, Vanguard Group chairman emeritus and senior advisor, to the board of directors. Brennan also previouslyDeals. served as Vanguard’s CEO and board chairman. He is lead governor of the Financial Institution RegulatoryThey love a good bargain and offering coupons and free samples are two fairly simple ways to Authority board of governors. experience. I am honoredbreak into this age group. However, here are some things you need to consider before making your to welcome Jack to our board.offers: Former Alliant Energy Chairman and CEO William D. Harvey will join the CMS Energy board of directors and the board of its principal subsidiary, Consumers Energy1. Make the offer exclusive Company. Harvey is also a member of the SentryFirst and foremost, you need to make sure that whatever offer you provide is exclusive. The exact Insurance Company board. First Solar CEO Jamessame coupon on Facebook cannot appear on Twitter or your business’ home page. If it does, your Hughes will also join the company’s board of directors.Gen Y fans will feel deceived. They won’t see any point in becoming a Facebook fan, for example, if Hughes was appointed CEO in May, promoted from histhey can get the same coupon from your website. position as the company’s chief commercial officer. He is former CEO of AEI and former COO of Prisma Energy.So if you choose to have offers on multiple platforms, make sure they’re all different. You need toprovide a true incentive to persuade the young consumer to follow you on Twitter, as well as ‘friend’ CIRCOR appointed Norman E. Johnson, executiveyou on Facebook. chairman and former CEO of Clarcor, to the board. Johnson is also on the board at Schneider National, and will join the CIRCOR nominating and corporate governance committee.2. Time-limit your offer Financial guaranty insurance firm AssuredYou also want to make sure you leave a short time-window in which your Gen Y consumers can Guaranty named Bonnie L. Howard as a director and aclaim the offer. member of the board’s audit and risk oversight committees. Howard is former chief auditor and globalThey tend to “live in the moment” and make quick decisions. If you give your customers just a few head of control and emerging risk at Citigroup, formerdays in which to redeem a coupon, promotional code or discount, it will prompt them to go ahead managing director of Capital Markets Audit at Fleetand do it right there and then. The success of Groupon’s, “deal-of-the-day” website is heavily Boston Financial. She is also on the board of the YWCAinfluenced by the fact that the offers have to be redeemed within a limited period of time. Observe of New York City.what the best in the business do and adapt it to your business. Hospira elected Dennis M. Fenton to the board of directors, expanding the board to 11 members. Fenton is former Amgen executive vice president of operations, and3. Allow them to Share is a member of the Society for Industrial Microbiology. He is also a director at Dendreon, NapoLast but not least, you need to give Gen Y consumers the option to share free samples, promotional Pharmaceuticals, Genelux, Xenoport and Kytheracodes, or online gifts with their friends on their social media sites. For example, a male college Biopharmaceuticals.student may not find much use for the free samples of shampoo you’re giving away, but he might Former Dionex Corporation CEO and Chairman Arthurhave a friend or girlfriend who would enjoy them. Blaine Bowman joined theAltera board of directors.If he can share the code for the free sample or discount, you could end up getting his friend as a Bowman is currently a director at Illumina, and hasnew loyal customer. Starbucks does it all the time: customers who win contests can send a friend previously served as a McKinsey & Companyan online $5 gift card voucher which they can use to get a cup of coffee. management consultant. Harsco Corporation named Patrick K. Decker CEO effective Sept. 10. Decker succeeds interim chairman andSummary CEO Henry W. Knueppel, who will become chairman upon Decker’s arrival. He is former president of TycoReaching Millennials, or Gen Y, can be difficult, but by adapting some of these techniques to your International’s Flow Control business segment, which isbusiness, you’ll be improving your chances of converting them into loyal customers and grabbing expected to combine with Pentair, Inc. at the end ofyour share of this lucrative market. September.http://www.wealthydragon.com/2012/07/16/3-ways-to-market-to-generation-y/comment-page-1/ - Cont. pg. 10comment-7046 6
  7. 7. Business Leadership Programs Ignore the Key Ingredients of Successby Douglas LaBier, Ph.DLeadership development and executive coaching programs have become pretty widespread in companies and organizations today, and with good reason: Positive,effective leadership is essential for success within todays turbulent work environment. Moreover, growing your leadership skills is also necessary for successful careerdevelopment in todays workplace, where nothing is guaranteed. But theres a problem with these programs: Many fail to help with three crucial areas: building personalgrowth through self-awareness and self-examination; learning the leadership actions that increase company success in the midst of a changing workforce and fluidenvironment; and then, learning to align the two.The absence of programs that really help in these areas gets reflected in periodic surveys finding that people at all levels are unhappy and dissatisfied with their workand careers. They struggle with the emotional impact of negative, unhealthy leadership that appears stuck in a 20th century mindset of top down, command-and-control.Executive development programs typically take you through questionnaires, various exercises and "tools" to build skills and resolving roadblocks or conflicts. Many ofthem provide important and useful help for strengthening leaders knowledge and capacity for greater effectiveness in their roles. Some are provided by large consultingorganizations like Right Management; others by university executive education programs, such as Harvards or Whartons. Efforts have been made to evaluate theeffectiveness and scope of coaching programs, as well.But many of them miss, on the one hand, building the necessary self-awareness of your "drivers" as a leader or manager. That is, your emotional makeup, your valuesand attitudes; your personality traits, and your unresolved conflicts. Youre a total person, not just a set of skills performing a role. On the other hand, the programs oftenfail to incorporate current knowledge about the changing workforce, as well as the link between sustainable, socially responsible practices and long-term business ormission success. Yet bringing these two key ingredients together is the vehicle for both a thriving career and organization. Lets look at both:Self-Awareness and Self-Examination Personal growth and career growth go hand-in-hand, and are the foundation for successful leadership in todays organizations.Most successful and satisfied executives, whether at the top or on their way up, practice some form of self-awareness and self-examination. They learn to align theirpersonal values and life goals with the kinds of leadership practices that will promote growth and development at all levels. Becoming self-aware and orienting yourself toself-examination involves your entire mentality - that mixture of your emotions, your mental perspectives and attitudes, your values and beliefs. It includes, for example:Learning from your personal "time-line." That is, the key turning points in both your career and personal life, with an eye to whats shaped your values, life goals, andattitudes. How your career decisions and experiences have shaped or had impact on your personal development. And vice-versa: How experiences and events in yourpersonal life have influenced your career. Moreover, what the long-term consequences of both have been, good and bad.Your personal values. How they support or impede your subordinates development, your relationships with peers and with superiors.Your openness to facing and dealing with personal conflicts. Everyone has some, and emotional blind spots will eventually erupt or intrude in undermining ordysfunctional ways at work.Your level of relationship competency. How effective you are interacting with diverse people and diverse agendas. How your verbal and nonverbal communicationimpacts different people, and how theirs affect you.Your political savvy. The capacity to see peoples agendas or maneuvering towards some objective they seek, and factoring that into your interactions.The aboveinclude strengths to further develop and enhance, as well as issues that can undermine effective management and derail you. Personal self-examination is a holistictask. You cant fragment it, or you end up a fragmented person.Building "Green" Leadership On the organizational side, coaching towards successful leadership includes knowing the range of social and economic forces that impactcompanies today. These forces require positive, "green" leadership strategies, in the broadest sense. They include:A changing workforce. Its shifting towards younger generations who bring different attitudes and motivations. And, towards greater diversity -- ethnically, racially andculturally - as well as diversity of gender and sexual orientation.A new norm of constant "flux." It requires continuous innovation; an open, transparent, collaborative form of leadership that supports management strategist UmairHaques description of a "builder" rather than an old-style "leader." Phil Libin, chief executive of Evernote, illustrates an aspect of this environment, saying, "We always tryto ask whether a particular policy exists because its a default piece of corporate stupidity that everyone expects you to have, or does it actually help you accomplishsomething? And very often you realize that you dont really know why youre doing it this way, so we just stop doing it." Effective leaders in this new environment are alsokeenly aware of what not to pursue, not just what they want to go after, as Greg McKeown, CEO of THIS, Inc., recently described regarding what he learned from anApple executive.Increasing embrace of sustainable practices. Along with corporate social responsibility initiatives, promoting social good and building a psychologically healthymanagement culture, knowledge that all are linked with long-term success. New thinking and programs exist regarding these shifts from leaders, but mostly from outsideconventional coaching and leadership development programs. For example, a program for designing a data-driven sustainability program; writings by CSR leader JohnFriedman, examples described by environmental business consultant Anca Novacovici, and others. A recent commencement address by Facebook COO SherylSandberg nailed the essence of the workplace and career environment that now exists and its implications. She described what leadership development programs oftenappear to not grasp, or dont incorporate into their programs. Though speaking to Harvard Business School graduates, her message is relevant to all levels ofmanagement and leadership:As traditional structures are breaking down, leadership has to evolve from command and control to listening and guiding... you will not be able to rely on who you are orthe degree you hold (but) on what you know... youre going to need the ability to communicate authentically, to speak so that you inspire the people around you and tolisten so that you continue to learn each and every day on the job.Control and power are shifting from institutions to individuals...look for opportunities, look for growth, look for impact, look for mission. Move sideways, move down, moveon, move off. Build your skills, not your resume. More than anything else, youre going to need the ability to communicate authentically. A good leader recognizes thatmost people wont feel comfortable challenging authority, so it falls upon authority to encourage them to question.As we strive to be more authentic in our communication, we should also strive to be more authentic in a broader sense. I talk a lot about bringing your whole self to work--something I believe in deeply. You have to know what (employees) love and hate, what they feel, not just what they think. I dont believe we have a professional selffrom Mondays through Fridays and a real self for the rest of the time. That kind of division probably never worked, but in todays world, with real and authentic voice, itmakes even less sense.Its clear that we live and work in a transformed -- and transforming -- world. Programs that aim to strengthen leadership from the outside would do well to learn fromthose who already know what supports successful careers and leadership, from within. 7
  8. 8. A Silence Hangs Over Gay CEOsBy L E S L I E K W O H For nearly two decades, Ernst & Young executive Beth Brooke navigated the office like it was a minefield, dodging water-cooler chatter for fear that someone might corner her with a personal question. Her colleagues whispered that she was a "loner," she said, scarred from her divorce or perhaps just reclusive by nature. But Ms. Brooke was growing tired of hiding, particularly after being tapped to head the companys diversity and inclusion efforts. So last year, while preaching openness in a company-sponsored video for the "It Gets Better" campaign, she rewrote the script. "Im gay," she said, looking straight into the camera. "And Ive struggled with that for many years." Like 53-year-old Ms. Brooke, a global vice chair of public policy, some top executives are tiptoeing out of the closet about their sexuality. Many describe their coming-out experiences as unexpectedly painless—and most say they were met with overwhelming support. They say their job performance improved because they felt more at ease among colleagues. "Life really did get better," Ms. Brooke said. But if it is becoming more acceptable to be gay in corporate life, why do so many senior executives keep their sexuality a secret? Being gay in the corporate world is still far from being a "nonissue," said Deena Fidas, deputy director of corporate programs at Human Rights Campaign, the largest lesbian, gay, bisexual and transgender civil-rights group in the U.S. Companies can still legally fire a worker for being gay in 29 states, for one, and many subtle biases remain in the workplace, according to the group. There isnt a single openly gay chief executive officer in the Fortune 1000, according to the Human Rights Campaign. (The sole openly gay CEO, former Urban Outfitters Inc. URBN +1.35% chief Glen Senk, left the company in January and now leads jewelry retailer David Yurman.) That is not to say there are no gay CEOs in that group, said Kirk Snyder, a diversity consultant who works with Fortune 500 companies and has written several books on being gay in the workplace. From his research and talks with business contacts, he claims to know of at least 10 closeted CEOs. "Its the fear factor," he said. "Theyre afraid consumers will boycott if they know the company is led by a gay CEO." Former BP PLC chief John Browne, who resigned in 2007 amid revelations he had lied in court about how he met his ex-boyfriend, said he remained closeted during his tenure at the oil giant for fear of damaging professional relationships, particularly in the Middle East, where homosexual acts are punishable by death in some countries. "I thought it would affect everything," he said. Former BP PLC chief John Browne, who resigned in 2007 amid revelations he had lied in court about how he met his ex-boyfriend, said he remained closeted during his tenure at the oil giant for fear of damaging professional relationships, particularly in the Middle East, where homosexual acts are punishable by death in some countries. "I thought it would affect everything," he said. Ultimately, he might have lost a client or two, he said, but the suffering took a bigger toll. "You hide things. Its a double life," he said. Also keeping executives from coming out, he said, are "homophobic" corporate cultures and boards. "Corporations are very conservative, and the bigger the business is, the more conservative it is," Mr. Browne added. Rick Welts was CEO and president of the Phoenix Suns—a National Basketball Association team—when he revealed last year that he was gay, and knows what it is like to hide in a conservative environment.The most prominent sports executive to come out so far, Mr. Welts, 59, said he stayed closeted to protect his teams image and silently suffered whenever peers cracked jokes about homosexuals. "The last thing anyone in a position like mine wants to do is negatively impact the company they work every day to promote," said Mr. Welts, now president and chief operating officer of the Golden State Warriors. That may be why you would hear about people "coming out at their retirement party," said Todd Sears, founder of the Out on the Street annual LGBT leadership summit for the finance industry. (Or even later: When the first female U.S. astronaut, Sally Ride, died this week, her obituary revealed she had a partner of 27 years.) The constant anxiety can hamper professional advancement, particularly for managers, said clinical psychologist Ritch Savin-Williams, who heads Cornell Universitys Sex & Gender Lab. Energy spent agonizing over simple queries like "What are you doing this weekend?" or whether to arrive solo to a company party can detract from work, he said. Ms. Brooke said these days, high-profile leaders are under increased pressure to be "authentic" with colleagues, which often means showing vulnerability—an especially stressful task for closeted workers. Mark Stephanz, 50, a vice chairman at Bank of America Merrill Lynch, said he finally decided to admit he was gay in 2007 because he didnt want to burden his three kids with keeping a secret at school, where they interacted with clients children. Coming out to the firm where he had worked for decades was a delicate, emotional process, he said, but he was relieved to find "most people still deal with you the same way they always do." Mr. Browne, 64, said he regrets not coming out earlier. He once believed keeping work and personal affairs separate was better for both worlds, but he now disagrees with that philosophy. Mr. Stephanz said his biggest challenge has been handling clients, who arent always as accepting. He now brings his steady boyfriend to most of his work functions, but occasionally refrains when he senses it might put a client "in an uncomfortable position." Goldman Sachs Group Inc. CEO Lloyd Blankfein, who describes his banks gay-friendly policies as crucial for talent retention, said during the Out on the Street conference in May that he has lost at least one client since he publicly voiced support for gay marriage. "It doesnt come without a price, but I could care less," he said. Write to Leslie Kwoh at leslie.kwoh@dowjones.com A version of this article appeared July 25, 2012, on page B1 in the U.S. edition of The Wall Street Journal, with the headline: A Silence Hangs Over Gay CEOs. 8
  9. 9. Legal DeskTake 5: Views You Can Use - July 2012Susan Gross SholinskyMember of the Firm New Yorksgross@ebglaw.com212/351-4789The U.S. Equal Employment Opportunity Commission (“EEOC”) has been active this year! This month’s Take 5 will summarize the goings on at this busy federalagency.1. The EEOC Issues New Guidance on Employment-Related Background ChecksThe EEOC has issued new guidance on the use of arrest and conviction records in employment decisions (“Guidance”). The Guidance describes the differencebetween (i) “disparate treatment” discrimination—treating job applicants with the same criminal records differently because of their race, color, religion, sex, ornational origin—and (ii) “disparate impact” discrimination—a neutral policy utilizing criminal records that has a disproportionate negative impact on a particulargroup based on a legally protected category. If an employer cannot demonstrate that the exclusionary criteria that it utilizes (e.g., not hiring anyone with drug-related convictions) are “job related and consistent with business necessity” for the position in question, the criteria will be deemed unlawful under Title VII of theCivil Rights Act of 1964 (“Title VII”). The Guidance also reaffirms the EEOC’s long-standing position that employers may violate Title VII if they use criminalbackground information improperly.The Guidance also discusses the difference between arrest and conviction records. Excluding an applicant on the basis of an arrest is unlawful, unless the conduct underlying the arrest would make the applicant unfit for the position in question. For example, an elementary school may terminate the employment of its assistant principal when he or she is arrested for inappropriately touching young children if the school has a reasonable belief that the assistant principal actually engagedin the inappropriate behavior. In contrast, a conviction record is sufficient to make an inference that the applicant engaged in such behavior. However, theGuidance warns employers that exclusionary policies based on convictions must also be “job related and consistent with business necessity.” To assess whetheran exclusion criterion is job related and consistent with business necessity, the Guidance points to the three factors found in a case decided by the U.S. Court ofAppeals for the Eighth Circuit, Green v. Missouri Pacific Railroad: (1) the nature and gravity of the offense or conduct; (2) the time passed since the offense,conduct, and/or completion of the sentence; and (3) the nature of the job held or sought.As stated in the Epstein Becker Green Act Now Advisory “EEOC Propounds Guidance on Use of Arrest and Conviction Records in Employment Decisions,” thesefactors are similar to those required by New York law. For additional information, see that advisory or the Guidance itself.2. Termination Based on Breastfeeding Does Not Constitute Sex Discrimination Under Title VIIThe U.S. District Court for the Southern District of Texas ruled that terminating an employee’s employment after she advised her employer of the need to expressbreast milk does not constitute sex discrimination in violation of Title VII. On June 29,2011, the EEOC had filed suit on behalf of Donnicia Venters against HoustonFunding II, Ltd. (“Houston Funding”). According to the EEOC’s complaint, Houston Funding terminated Venters after she advise upper management of her intent toexpress breast milk in a back office upon her return to work from maternity leave. Arguing that the termination violated Title VII, the EEOC sought a permanentinjunction prohibiting any future prohibited practice, as well as personal and punitive damages, back pay, and other relief on behalf of Venters.In granting summary judgment, the court found that “the law does not punish lactation discrimination.” In the short opinion, the judge drew a sharp distinctionbetween lactation and medical conditions related to pregnancy, stating that Venters had given birth on December 11, 2008, and “after that day, she was no longerpregnant, and her pregnancy-related conditions had ended.” The decision concluded with this sentence: “firing someone because of lactation or breast- pumpingis not sex discrimination.” The EEOC has appealed the decision to the U.S. Court of Appeals for the Fifth Circuit.For additional information, see the blog post on Epstein Becker Green’s Employer Defense Law Blog entitled “Is Breastfeeding Bias the EEOC’s NextBattleground?”3. EEOC Finds That Title VII Protects Transgender StatusIn an April 20, 2012, decision, the EEOC ruled that discrimination on the basis of transgender status was covered under Title VII. Mia Macy, a transgender woman,claimed that she was denied employment with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“Agency”) because she informed the Director of theAgency that she was in the process of transitioning from male to female after allegedly being assured a position with the Agency pending her background check.Macy filed a formal complaint with the equal employment opportunity officer at the Agency, claiming discrimination based on gender identity stereotyping and sex.The Agency responded that her complaint of gender identity could not be adjudicated by the EEOC because gender identity was not a recognized protectedcategory under Title VII. Therefore, the complaint would be processed under a U.S. Department of Justice (“DOJ”) procedure. The DOJ processed the claimthrough a procedure that allows for fewer remedies than Title VII and does not include the right to request a hearing before an EEOC administrative law judge orthe right to appeal the final DOJ decision.Macy appealed to the EEOC, requesting that the EEOC adjudicate her gender identity claim along with the sex discrimination claim that she had also brought. Inher appeal, she claimed that “sex stereotyping, sex discrimination based gender transition/change of sex, and sex discrimination based gender identity” allconstituted sex discrimination.In its decision, the EEOC held that discrimination based on transgender status is included under Title VII. The EEOC noted that the U.S. Supreme Court’s ruling inPrice Waterhouse v. Hopkins held that Title VII covered not only biological sex discrimination but also gender stereotyping. The EEOC found that discriminationbased on transgender status is congruent with discrimination on the basis of gender-based behavioral norms. Thus, if Macy could establish that the Agency haddenied her employment because of her failure to conform to gender-based behavioral norms due to her transgender status, such claims would be covered underTitle VII and would be under the jurisdiction of the EEOC. Accordingly, transgender employees who experience workplace discrimination will be able to file discrimination charges at any of the EEOC’s 53 field offices. For additional information, see the blog post on Epstein Becker Green’s Employer Defense Law Blog 9
  10. 10. Take 5: Views You Can UseCont. from pg. 64. EEOC Finds That Title VII Protects Transgender StatusIn an April 20, 2012, decision, the EEOC ruled that discrimination on the basis of transgender status was covered under Title VII. Mia Macy, a transgender woman,claimed that she was denied employment with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“Agency”) because she informed the Director of theAgency that she was in the process of transitioning from male to female after allegedly being assured a position with the Agency pending her background check.Macy filed a formal complaint with the equal employment opportunity officer at the Agency, claiming discrimination based on gender identity stereotyping and sex.The Agency responded that her complaint of gender identity could not be adjudicated by the EEOC because gender identity was not a recognized protected categoryunder Title VII. Therefore, the complaint would be processed under a U.S. Department of Justice (“DOJ”) procedure. The DOJ processed the claim through a procedurethat allows for fewer remedies than Title VII and does not include the right to request a hearing before an EEOC administrative law judge or the right to appeal the finalDOJ decision.Macy appealed to the EEOC, requesting that the EEOC adjudicate her gender identity claim along with the sex discrimination claim that she had also brought. In herappeal, she claimed that “sex stereotyping, sex discrimination based gender transition/change of sex, and sex discrimination based gender identity” all constituted sexdiscrimination.In its decision, the EEOC held that discrimination based on transgender status is included under Title VII. The EEOC noted that the U.S. Supreme Court’s ruling inPrice Waterhouse v. Hopkins held that Title VII covered not only biological sex discrimination but also gender stereotyping. The EEOC found that discriminationbased on transgender status is congruent with discrimination on the basis of gender-based behavioral norms. Thus, if Macy could establish that the Agency had deniedher employment because of her allure to confirm to gender-based behavioral norms due to her transgender status, such claims would be coveredunder Title VII and would be under the jurisdiction of the EEOC. Accordingly, transgender employees who experience workplace discrimination will be able to filediscrimination charges at any of the EEOC’s 53 field offices.For additional information, see the blog post on Epstein Becker Green’s Employer Defense Law Blog entitled “EEOC Confirms That Title VII Protects TransgenderEmployees.”4. EEOC Propounds Final Rule Concerning the “Reasonable Factors Other than Age” DefenseOn March 30, 2012, the EEOC issued a final rule (“Final Rule”) that amends the regulation on the “reasonable factors other than age” (“RFOA”) defense available underthe Age Discrimination in Employment Act (“ADEA”). The regulation imposes stricter standards on employers seeking to raise an RFOA defense in cases of alleged“disparate impact” discrimination—i.e., practices and procedures that tend to impact older individuals more severely, regardless of employer intent. Employers must nowshow that the challenged employment policy was reasonably designed and implemented to further a legitimate business purpose. To assist in gauging thereasonableness of a non-age business purpose, the Final Rule lists five considerations that underscore the EEOC’s expectation that the “reasonable” employer befully cognizant of the potential for any of its policies or practices to have an adverse impact based on age, and to minimize those impacts if possible. The fiveconsiderations relevant to assessing reasonableness are: 1) the precision that the employer used in achieving its business goals, 2) any anti-discrimination training thatthe employer provided to its managers, 3) the extent that the employer limited supervisors’ discretion to assess employees subjectively (particularly where the criteria thatthe supervisors were asked to evaluate are known to be subject to negative age-based stereotypes), 4) the extent that the employer prospectively gauged any adverseimpact of its practice, and 5) the extent that the employer sought to ameliorate any foreseen adverse impact.To guard against age discrimination claims, employers should clearly document any foreseen adverse impacts, alternatives that were considered, and reasons forrejecting the alternatives. Employers should also provide managers with additional training and information on the employers’ requirements under the ADEA andmethods for fairly and objectively evaluating traits necessary for a particular position. Finally, employers should consider conducting statistical analyses concerningemployment policies and practices that could have a disparate impact on older workers. If a policy may have disparate impact on older employees but cannot be changedor eliminated, the employer should be able to clearly define the business goals behind the policy, demonstrate how the business goals are achieved by the policy, andjustify the policy choice among other potential alternatives that were considered. For more details, see the Epstein Becker Green Act Now Advisory “EEOC’s AmendedADEA Regulation Raises the Bar for Employers’ RFOA Defense.”5. EEOC Settles with Kelley Drye & Warren, LLPOn April 10, 2012, the U.S. District Court for the Southern District of New York issued a consent decree concerning Kelley Drye & Warren, LLP (“Kelley Drye”), and theEEOC on behalf of Eugene T. D’Ablemont, Esq., in a case where D’Ablemont argued that the ADEA applied to him as an employee of Kelley Drye, even though he was a“partner” of the firm. The EEOC alleged that Kelley Drye had implemented and maintained a discriminatory policy that forced partners age 70 and over to relinquish theirinterests and authority in the firm and be compensated solely through a discretionary and discriminatorily low annual bonus. A similar case was brought seven years agoby the EEOC on behalf of 32 former partners at Sidley Austin LLP and resulted in a significant settlement. The EEOC further claimed that Kelley Drye had retaliatedagainst D’Ablemont by lowering his discretionary compensation when he filed a discrimination charge with the EEOC. Kelley Drye denied all allegations and claimed thatnone of its partners and/or life partners—partners over 70 years of age—were “employees” as the term is used in the ADEA and other anti-discrimination laws.As part of the consent decree, Kelley Drye agreed to pay D’Ablemont $124,000 for his 2011 compensation and $450,000 in back pay. Going forward, D’Ablemont ispermitted to retain his status as a life partner and is entitled to 12 percent of the fees collected in connection with certain matters. Kelley Drye also agreed to providea mandatory, two-hour training session for all partners—current and future—on the various anti-discrimination laws. Members of the Kelley Drye’s ExecutiveCommittee are also required to get additional training with a special emphasis on the ADEA. The EEOC will continue to monitor Kelley Drye for compliance with thetraining programs and any future complaints of age discrimination. Unfortunately, the consent decree did not provide any guidance to other law firms or other organizationswith “partners” on whether such partners are “employees,” as defined in the ADEA (and other anti-discrimination statutes), and therefore subject to those laws’ protections.*Eugene Baek, a Summer Associate (not admitted to the practice of law) in Epstein Becker Greens New York office, contributed significantly to the preparation of this“Take 5” 10
  11. 11. Workplace DeskIn light of New York Workplace Bullying legislation: NY legal opinionWorkplace Bullying: a Global Issueby Erika C. Collins, New York Law Journal, Oct. 24, 2011The United States has had status-based harassment and discrimination laws in place for decades, well in advance of most other countries. Though the United States has taken several measures toprotect those who are harassed in the workplace based on “protected categories,”(1) it has not introduced legislation to assist those who are “bullied” in the workplace, but do not have such aprotected status on which to base a claim. Recent surveys indicate that a significant portion of U.S. workers may fall into this category; 35 percent of U.S. workers reported experiencing workplacebullying, the majority of which was same-gender harassment.(2) Currently, there is no state or federal law to fill this gap in coverage. The first anti-bullying piece of legislation, the “Healthy Workplace Bill” (HWB), was introduced in California in 2003. Since then, 21other states, including New York, have proposed bills based on the HWB, though none have yet been enacted. The New York State Legislature, however, is considering such a bill. A bill establishing“a civil cause of action for employees who are subjected to an abusive work environment” provides a remedy for victims of harassment that is not based on a protected category and holds employerscivilly liable for maintaining abusive work environments.(3) If the bill is passed into law, New York will become the first state in the country to recognize a cause of action for workplace bullying, thoughseveral states have considered such legislation in the past.Other countries have been more proactive in combating workplace bullying. In particular, Sweden, the United Kingdom, France and Japan have introduced new legislation or have interpreted existinglegislation to address bullying in the workplace.(4) This article summarizes New York’s proposed bill. It also analyzes workplace bullying laws in place in Sweden, the UK and France as examples oftreatment of workplace bullying outside the United States. Finally, this article provides recommendations to multinational employers that are faced with complying with developing bullying laws.Healthy Workplace BillThe New York State Legislature introduced an anti-bullying bill in 2010, which passed in the Senate,(5) but was put on hold in the Assembly. In early 2011, an identical bill was introduced in the NewYork State Assembly and Senate,(6) and is currently under consideration. Supporters of the proposed legislation are hopeful that New York will be the first state to pass it, prodding other states tofollow its lead.(7)The bill would amend the New York Labor Law by providing legal redress for employees who are subjected to an “abusive work environment,” which exists when an employee is “subjected to abusiveconduct that is so severe that it causes physical or psychological harm.”(8) The bill defines “abusive conduct,” as “conduct, with malice, taken against an employee by an employer or anotheremployee in the workplace, that a reasonable person would find to be hostile, offensive and unrelated to the employer’s legitimate business interests.”(9)A single act will not constitute abusive conduct unless it is “especially severe or egregious,”(10) similar to the standard for hostile work environment claims under Title VII of the Civil Rights Act.(11)Furthermore, the bill requires employees to notify their employers of the abusive conduct.(12) After receiving such notice, employers must eliminate the abusive conduct, and may not retaliate againstindividuals who participated in the complaint process.(13)The bill does provide employers with two alternative affirmative defenses. First, an employer may have an affirmative defense against a claim if it can demonstrate that it exercised reasonable care toprevent and promptly correct the abusive conduct and the employee unreasonably failed to take advantage of the appropriate preventative or corrective opportunities that it provided.(14) Thisdefense is not available if the abusive conduct culminated in an adverse employment decision with respect to the complaining employee (e.g., termination or demotion); however, the employer canassert an alternative defense that any such decision was consistent with the employer’s legitimate business interests.(15)The remedies available under the bill include reinstatement, removal of the offending party from the complainant’s work environment, reimbursement for lost wages and medical expenses,compensation for emotional distress, punitive damages, and attorney’s fees.(16) However, in cases where there was no adverse employment decision, emotional distress damages are capped at$25,000 and punitive damages are not available.(17) As an additional safeguard against unjust enrichment, the bill precludes employees who have collected Workers’ Compensation benefits forconditions arising out of an abusive work environment from bringing a claim pursuant to the law for the same such conditions.(18)Steps Employers Should TakeThe practical implications of the global trend aimed at combating workplace bullying are very concerning for both U.S. and multinational employers. To safeguard against litigation and liability forpotentially large damage awards, employers should consider taking the following steps:• Broaden workplace policies to prohibit abusive conduct and retaliation against any employee raising a complaint.• Include a requirement that employees report abusive conduct, and provide a specific and clear procedure that offers employees multiple avenues to complain about abuse.• Train all managers on how to handle reports of abusive conduct, and the consequences of retaliation.• Take immediate and effective action to rectify all retaliation complaints.• Continually review and, if necessary, revise employment policies to ensure compliance with applicable workplace bullying laws and regulations.###Erika C. Collins is a partner at Paul Hastings in New York where she chairs the international employment law practice group. Mina Maisami, an associate with the firm, and Shaira Nanwani, asummer associate with the firm, assisted in writing and editing this article.REPRINT/COMPLETE ARTICLE: Workplace Bullying Institute, http://www.workplacebullying.org/2011/10/24/nylj-2/New Appointments Cont. from pg. 5 New Appointments Cont.Union Pacific Corp. elected John J. Koraleski to its board of directors, OfficeMax elected Sharon L. McCollam, recently retired Williams-effective immediately. Koraleski serves as president and chief executive Sonoma CFO, to the board of directors, expanding the board to nine members.officer of Union Pacific, as well as president and CEO of Union Pacific McCollam has also served as CFO of Dole Fresh Vegetables and as directorRailroad Co., Union Pacific’s principle operating subsidiary. All Union of Sutter Health, Williams-Sonoma and Del Monte Food Company.Pacific board members serve concurrently on the railroad’s board ofdirectors. J. Kofi Bucknor will join the Newmont Mining board. Bucknor is chairperson of Ghana’s Investment Advisory Committee, and former chairman of the GhanaSUPERVALU replaced CEO Craig R. Herkert with company Stock Exchange. He is on the board of Chirano Gold Mines, NationalChairman Wayne C. Sales, who has served on the board since 2006 and Investment Bank (Ghana), ARM and CNIA Assurances.is former vice chairperson of Canadian Tire Corporation Limited. Sales isa director and chair of the compensation committee at Tim Hortons, and isretiring from his director positions at Georgia Gulf and Discovery Air. Umpqua Holdings appointed James S. Greene, Cisco Systems ViceDirector Philip L. Francis has been elected lead director. President, to the board. Greene has also served as Cisco’s leader of the global Strategic Partner Organization, and is former CEO of Abilizer.GameStop appointed Thomas N. Kelly to its board of directors. Kelly Former Calisolar CEO Sandra Beach Lin will join the American Electricbrings with him extensive board experience as well as more than 25 years Powerboard of directors. Lin is also a former corporate executive vice presidentof leadership in the communications and wireless industries. atCelanese Corp., and former president of Alcoa Closure Systems. She currently serves on the WESCO International board. Cont. pg. 12 11
  12. 12. From the Technology Desk: Ins and Outs of Backing Up WordPress by M A R T I N M A L D E N Interesting question on Twitter today: “Can someone clue me in to backing up my files on WordPress” As the hackers get better and more numerous, it only makes sense to have full backups of your WordPress sites. Once your site has been compromised it will quickly be removed from the search engines’ indices and your search traffic will be wiped out. If you’re dependent on search traffic this will be a killer. Repairing your site after it has had malware inserted is a tedious process and you can never be sure you’ve found and removed all the bad files. So the surest way to clean up your site is to delete and re-install the entire thing. The last time one of my sites was hacked I deleted it and was back up and running in an hour – with a clean site – thanks to maintaining an effective back up process. Backing up WordPress If your site is running on WordPress there are two distinct parts to it: The database – containing all your posts, pages and comments. The system files – the platform that makes everything work. And you need to back up both on a regular basis if you want to be back up and running quickly after a hack. Database backups The most important element to back up is your database, because it contains all your content. And there are several good plugins that will manage your database backups for you. I used WP-DBManager for a long time. Installation and set up is easy and you can set it to make backups of your database on a regular schedule and email the zipped files to you. It will also repair and optimize your database and it will restore previously backed up databases. Other database backup plugins will do those things, of course, but not all of them offer the optimize and repair options – which is why I liked WP-DBManager. Back up system files While WP-DBManager takes care of your database, you still need to back up your system files. When I was using it I also used to copy (FTP) my system files back to my local machine each week. This had the benefit of maintaining settings, plugins and themes, so if I needed to restore a site the process was quick and straightforward. The alternative, of course, is to re-install WordPress after a hack and then import your most recently backed up database. While this route will guarantee a clean site, you’ll still need to re-install your plugins and themes, and re-set all your settings. This is why I preferred to have a copy of all my site files on my machine: all I had to do was re-upload them to restore the site. All in one backup solution Today, though, I use the BackupBuddy plugin. This backs up your entire site – both system files and database. And, because it does both jobs (on a schedule) it has more than halved the time it takes me to get full copies of my sites onto my local machine each week. It also has a very neat import (restore) script. This enables you to delete your entire WordPress site, upload the import script and most recent backup, navigate to and run the import file (in your browser), and it will restore your entire site – lock, stock and barrel. Using the same import process, it can even be used to transfer a WordPress site from one domain to another. This is a huge time saver if you build client sites on your own development domains and then need to install them on the client’s domain once they’re happy with everything. As with WP-DBManager, you can set BackupBuddy to email your backed up site to you, but you can also set it to FTP your backups to Amazon S3 or another server somewhere – pretty neat. I now install BackupBuddy on all my own WordPress sites, and all sites I build for clients, as a matter of course. Having a good, effective backup process is essential if you’re serious about your WordPress site. It enabled me to make a very quick recovery when I was hacked and it helps me sleep better at night Cheers, CONTACT INFORMATION: MARTIN IS A MEMBER OF THE ASSOCIATION OF CORPORATE EXECUTIVE COACHES PROFESSIONAL CIRCLE WWW.ACEC- WEBSITE.ORG 12
  13. 13. New Appointments Cont. from pg. 1o New Appointments Cont.Symantec CEO Enrique Salem stepped down, with Chairman Steve Bennett Former Picis CFO Melissa Cruz will join Progress Software as CFO, accordingstepping in as successor. Steve track record includes Intuit and General Electric to a statement from the global software company. Cruz has also served as CFOand is a perfect fit for moving the company forward. at BladeLogic and Concord Communications. The board also elected Director Philip M. Pead as nonexecutive chairperson, succeeding Michael L. Mark, who will remain on the board.MetLife named John C. R. Hele CFO. Hele was most recently CFO of ArchCapital Group and previously CFO of ING Group. Albemarle elected Ashland Chairman and CEO James J. O’Brien to the board, effective immediately. O’Brien is also a board member at Humana andHarsco Corporation elected James F. Earl, GATX Corporation COO, to the the American Chemistry Council. He chairs the board of trustees at Midwayboard of directors. Prior to joining GATX, Earl held management positions with Soo College, and is a member of the Dean’s Advisory Council for the Fisher GraduateLine Railroad and Southern Pacific Transportation Company. College of Business at The Ohio State University.TD Ameritrade named TD Waterhouse Discount Brokerage division Executive Morris W. Offit will rejoin the American International Group board of directors,Vice President Kerry Peacock a member of the board of directors. Peacock, who with the board electing the Offit Capital chairman back onto the board followingalso serves on the Service Ontario board, will join the board’s risk committee. She the resignation of Donald H. Layton and Laurette T. Koellner. Offit was asucceeds William H. Hatanaka, who stepped down July 20. member of the AIG board from 2005 until his retirement at the 2012 shareholders meeting in accordance with the company’s retirement guidelines. He is founderRebecca W. Rimel, CEO of The Pew Charitable Trusts, will join the Becton, and former CEO of OFFITBANK.Dickinson and Company board. Rimel has also served as Pew’s vice presidentfor programs and executive director, and previously held roles at The Glenmede Walgreens appointed retired McDonalds CEO James A. Skinner to chairman ofTrust Company. She also serves on the boards of Deutsche Asset the board, with AlMcNally stepping out of the chairperson role but remaining as aManagement/DWS Funds and CardioNet. director. Skinner served in a number of leadership positions at McDonalds before becoming CEO in November 2004, and is also a member of the board of IllinoisLake Capital Principal and Co-Founder Paul G. Yovovich will Tool Works.join the GATX board and audit committee. Yovovich is also former COOof Advance Ross and a former Centel Corporation executive. Future Lockheed Martin CEO Christopher E. Kubasik will join the International Paper board. Kubasik is currently Lockheed Martin’s COOThe Western Union Company appointed Solomon D. Trujillo to the company’s and vice chairman, and is set to be promoted at the beginning of 2013.board of directors and its compensation and benefits committee. Trujillo’sappointment expands the board to ten directors. He is former CEO and director of Regis Corporation named Daniel Hanrahan CEO and board member. HanrahanTelstra Corporation Limited, former CEO of Orange SA and former chairman is joining Regis from Royal Caribbean Cruises, where he was CEO of Celebrityand CEO of Graviton. He currently serves on the Target, WPP and ProAmerica Cruises. He previously served as senior vice president of marketing and sales forBankboards. Royal Caribbean International.FirstMerit named Russ M. Strobel a director of the diversified financial services ConocoPhillips elected Jody Freeman, Archibald Cox Professor of Lawcompany. Strobel recently retired as chairperson and CEO of Nicor and Nicor Gas at Harvard Law School, to the board of directors. She is founding director of theCompany. Harvard Law School Environmental Law and Policy Program. Freeman’s appointment expands the board to 10 directors.American Express elected Daniel L. Vasella, Novartis chairpersonand PepsiCodirector, to the board of directors. Vasella previously served as CEO Qualcomm named Susan Hockfield the newest member of its board of directors.and director of Novartis for 14 years, as well as CEO of Sandoz Pharma and a Hockfield is former president of the Massachusetts Institute of Technology,member of its executive committee. where she serves as professor of neuroscience. She is a director at General Electric and the Carnegie Corporation.Sir George Buckley will join the PepsiCo board of directors and its auditcommittee Sept. 19. Buckley is chairman of Arle Capital, former chairman and Former Chief Justice Randall Shepard will become a director at Old NationalCEO of 3M Company, and is currently a director atStanley Black & Bancorp, succeeding retiring Joseph Barnette. Shepard retired in March afterDecker, Archer-Daniels Midland and Hitachi. serving on the Indiana Supreme Court for 27 years.Yahoo appointed former Google Local, Maps and Location Services Head and Maryann Bruce, Turnberry Advisory Group president and NACD member, wasOperating Committee Member Marissa Mayer CEO and director. Mayer was elected to the MBIA board of directors. Bruce has held executive leadershipGoogle’s 20th employee, joining in 1999, and led the efforts for developing its positions at Aquila Distributors and Evergreen Investments Services, whereflagship search product and iconic homepage. Currently, she is also a member of she also served on the company’s executive committee. She is founder and co-the Walmart board of directors. chair of the Charlotte Chapter of Women Corporate Directors.Daniel Beltzman, Birch Run Capital managing member, will join the Regis Clearwater Paper appointed John D. Hertz, former CFO of Novellus Systems,Corporation board of directors, effective August 1. Beltzman’s appointment to CFO of the tissue manufacturer. Hertz replaces Johnathan D. Hunter, who hadexpands the board to seven directors. been serving as interim CFO. Hertz has previously held senior positions at Intel and was a senior manager at KPMG.KB Home named Thomas W. Gilligan, dean of the McCombs School of BusinessatThe University of Texas at Austin, to the board of directors, expanding its C. Clayton Reasor is joining the Stage Stores board of directors, expanding themembership to 10 board to eight members, according to a statement from the chain retailer operator. Reasor, who will also join the board’s compensation, corporateZimmer Holdings named former Hospira Chairman and CEO Christopher B. governance and nominating committees, is currently senior vice president ofBegley to the board of directors. Begley served in a number of positions investor relations, strategy and corporate affairs at Phillips 66. He iswith Abbott Laboratories before it spun off Hospira, including senior vice formerConocoPhillips vice president of investor and corporate relations.president of Abbott’s Hospital Products division. He is nonexecutive chairperson ofthe board at Hillshire Brands and a director at DeVry. Previously, he served on Investment decision support tool provider MSCI named Robert Qutub CFO,the Sara Lee board. replacing David M. Obstler, who is leaving to pursue other interests. Qutub is currently CFO of Bank of America’sConsumer and Business Banking division.Yum! Brands COO Roger Eaton and National Bank of CanadaCEO andDirector Louis Vachon will join the Molson Coors Brewing board of directors, Zipcar appointed American Express Vice Chairman Ed Gilligan to the board ofaccording to a company statement. The two new directors succeed the directors, the car-sharing network announced. Gilligan replaces outgoingretiring John Cleghorn andDavid O’Brien. Previously, Eaton served as CEO Director Jill Preotle.of KFC and COO of Hoyts Cinemas Australia Limited. Vachon is currently amember of the Conseil des Gouverneurs Associes de l’Universite deMontreal and the Canadian Council of Chief Executives. Cont. pg. 12 13