The Equal Employment Opportunity Commission (EEOC), (www.eeoc.gov ), the United States federal agency tasked with defining and regulating certain civil rights defines sexual harassment as:

“[u]nwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature,” when

(1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

(2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

(3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.”

Based on the EEOC’s definition, sexual harassment can be verbal or nonverbal, physical or visual.  It can range from flirting to touching and from comments to jokes.  It is not even necessary for a person to make an explicit statement.  Circulating an email or picture of a sexual nature can be sexual harassment.  Innuendo can also be considered sexual harassment. And sexual harassment can be directed toward a person of the opposite sex or same sex.

A key component of sexual harassment is that the conduct must be unwelcome.  Conveying that conduct is unwelcome is not always easy, especially if the individual’s job is subordinate to the person who initiates the unwelcome conduct.  Another component of sexual harassment is the severity and frequency of the conduct.  If a single unwelcome act is of a severe nature, such as a sexual proposition, then the single act alone may be considered sexual harassment.  On the other hand, a single act of placing on an employee’s desk a card, which says “will you be my valentine,” without any notice that such a gift is unwelcome may not be considered severe enough to constitute sexual harassment.  Repeatedly giving an employee a card with this message, however, after having been asked to cease doing so could be considered sexual harassment.

The first two categories, characterized as “quid pro quo”, which means “this for that”, have generally been thought to be actions which can only be carried out by persons having the authority to affect an individual’s terms or conditions of employment, such as managers or supervisors who make decisions regarding hiring and termination, performance evaluations, promotions, salaries and even the location at which an individual performs his or her work.  The last category, however, is fair game and can be initiated by persons who not only work for the employer but it can also be initiated by persons who do business with the employer, such as vendors and courier services.  At the heart of the matter is that employees, whether they are paid a salary or wage, whether they volunteer or whether they are under a contract, have a right to work in an environment which is free from unwanted sexual advances.

For information and training on sexual harassment awareness and prevention, call the HR4NON-PROFITS team at 630.830.4443 or visit our website at www.hr4nonprofits.com. Follow us on Facebook and Twitter.

Activities sponsored by non-profit organizations can be very exciting and rewarding and some employees and volunteers may want to make video recordings and take pictures for posterity.  But for other employees, volunteers and particularly clients, there may be a “reasonable expectation of privacy” and making recordings and pictures without their knowledge and permission may violate this expectation.  One way for nonprofit organizations to protect themselves is to implement a policy on smart phone usage.

Melanie L. Herman, Executive Director of the Nonprofit Risk Management Center in Leesburg, Va., (http://www.nonprofitrisk.org/ ) suggests that nonprofits “adopt practical guidelines.”  Ms. Herman states that, “The appropriate guidelines for smartphone or cell phone use depend wholly on the nature of the nonprofit, the clients it serves, the caregivers it employs as staff and volunteers, and the nature of the services provided.”

Organizations who work with children, for example, may want to implement a policy that strictly prohibits employees and volunteers from making videos and taking pictures.  A caveat that nonprofit organizations should be aware of is that certain populations, such as children and some persons with mental disabilities or cognitive challenges, may lack legal capacity to give permission even though they have knowledge that a recording is being made or a picture is being taken.  In such instances the organization may need to obtain the parent’s or legal guardian’s consent.

If an organization does not want to impose a strict prohibition, it may want to implement a policy similar to that used by Merrimack Valley YMCA (http://www.mvymca.org ) in Lawrence, Massachusetts, which limits camera and recording device use to the lobby of its campuses unless explicitly authorized in advance by the executive director.  The policy, which is prominently displayed, provides that, “Anyone caught taking pictures of another person without his or her permission and knowledge will be prosecuted to the full extent of the law.”

Nonprofit organization should not make the mistake of developing a policy that is overly broad or too narrowly tailored.  Because of the multiple features and services that are available with smart phones, organizations may want to address other types of use, such as texting.  Many businesses and organizations use text messaging as a quick way to communicate important information.  The organization should caution its employees and volunteers, however, about using slang or abbreviations that are not common, professional and acceptable in business.

“There is no single policy that is appropriate for all, or even most organizations,” states Ms. Herman.  Whatever policy the organization chooses to implement, it should be enforced consistently.

For additional information on developing guidelines and policies, call the HR4NON-PROFITS team at 630.830.4443 or visit our website at www.hr4nonprofits.com. Follow us on Facebook and Twitter.

That’s why Kenneth E. Liu, an attorney/owner at the Virginia-based law firm of Gammon & Grange, P.C., (http://www.gg-law.com/ ) advises nonprofits to “formulate a social media policy to guide … employees on acceptable online behavior”,  thus avoiding “potential legal traps in the online world.”  In his article on Legal Risks in Social Media Use by Nonprofits, Liu discusses several potential traps that nonprofit employees and organizations can fall into by using social media and suggests how these traps and liability can be minimized if not altogether avoided.

The best way to solve a problem is to never create it.  Liu states that nonprofits should advise employees not to post anything on their personal social media accounts that they “would not want to see on the front page of the The New York Times or hear on a witness stand.”  Employees should be advised that social media posts can be used as evidence in law suits.  And employees shouldn’t be so naïve as to think that hitting the delete key removes a post.  Once the post is released into cyberspace, it can always be retrieved.  The last thing an employer wants is to have details of its employees’ personal lives or disparaging comments made by an employee about a competitor retrieved as part of the information that makes its way into a law firm’s electronic discovery document review project.  Even worse is when the information makes its way into the courtroom for a jury or judge to consider as part of a lawsuit.

Employees also need to know that the laws in the real world apply across the board.  Therefore, employees should treat the virtual world of social media the same as the real world.  As Liu states, “Social media may be more casual, but that does not excuse illegal activity.”  For example, Liu says if a nonprofit is governed by the laws of a state that require it to register in order to solicit funds and the organization is not properly registered, an employee’s casual request in a social media post for donations may constitute illegal activity and result in problems for the organization.  Similarly, just as employers can be held liable in some instances when employees harass or discriminate against a co-worker because of attributes such as race, gender, disability or religious beliefs, employers may also be exposed to liability by employees who post harassing and discriminatory comments about co-workers on personal social media sights.

It is imperative that organizations educate employees on what is acceptable with regard to the use of social media.  Liu advises, “One key step in protecting your organization is to have a written policy that provides guidance on what your employees can and cannot do in social media, both in their role as employees and in their personal use.”  He also advises that, “It may be prudent to include certain provisions governing social media use in employee contracts.”  Even after employees have been advised, and written policies and contractual language is in place regarding the proper use of social media, there will still be employees who push the envelope.  Liu points out that “many employees of charities and advocacy groups are passionate about their work, so they naturally speak out publicly on issues relating to their field… If an employee posts an offending statement against another organization on a… social network, the statement could be attributed to the employer, even if the employee posted [the comment] on his or her own personal account.”  The solution is to include in the written policy a requirement that employees must include disclaimer language in personal postings and blogs that are related to the employer’s field.  The language should clearly inform the reader that the views and opinions expressed are those of the individual and do not represent those of the employer.

For additional information on developing policies regarding the use of social media, call the HR4NON-PROFITS team at 630.830.4443 or visit our website at www.hr4nonprofits.com. Follow us on Facebook and Twitter.

It’s a new year and the resolutions have already started.  At the beginning of each new year, approximately 40% to 60% of Americans make resolutions to eat healthier, exercise more, stop smoking, spend less money or make some other improvement in their lives.  And just like people, nonprofits also find themselves making resolutions each year.  Nonprofits generally make resolutions to increase funding.  But like people, many nonprofits find themselves unable to fulfill their resolutions.

Karen Eber Davis of Karen Eber Davis Consulting (http://www.kedconsult.com/ ) says that, “Listing resolutions to increase your non-profit funding is easy but setting ones you can accomplish is tricky because fulfilling income resolutions requires multiple actions, unknowns, unexpected steps, and frequent recommitment.  Funding resolutions that involve actions like these are impossible to keep.”  Therefore, Eber Davis advises that nonprofits “shouldn’t set resolutions to increase funding.”  Instead, she says that in order to avoid the negative experiences of failed funding resolutions, “do something better.  Instead of setting resolutions, set goals.”

Eber Davis says that, “Goals identify specific results; require learning and refining actions as you work; and require more than a firm commitment.”  She recommends to non-profit organizations the following steps in order to accomplish goals in the New Year:

1. Identify a list of outcomes you seek, like creating a more engaged fund-raising board, implementing a planned giving program or a developing a balanced budget.  For most non-profits one goal will usually include increasing funding.

2. Prioritize your list based on which outcomes are most important to you.

3. Select No More Than Three Outcomes. At least one goal should be something fun.  No need to make your work life torture.

4. Identify Next Steps. A step is a specific action you write on your calendar with a definite beginning and a definite ending. ‘Start planned giving’ is not a specific step.  It is too general.  An example of a specific step is, “Meet with Joe to ask him to be on the Planned Giving Task Force.” Once you complete the step, check it off and move on to the next step.

5. Plan for Realistic Incremental Progress. Avoid setting unrealistic steps, like trying to visit all twelve board members in January. If you completed seven visits last year, undertake a realistic plan of three visits per quarter.

6. Create Your Own Motivation. When you have a choice, motivate and please yourself.  Take time to think about what will motivate you to accomplish steps necessary to meeting your goals.  For example, if your goal is to spend more one-on-one time with your board members, find meeting spots that you enjoy and that energize you. And once you identify your incentives, write them on your calendar in ink.

7. Eat Peas First. Certain steps will need to be completed before others.  But when possible, complete the steps you like least in the beginning.

8. Evaluate Your Progress. Assess your progress briefly each week and in-depth at the end of each month. The evaluation process is a good time to identify and schedule additional next steps.

9. Resolve to Achieve Your Goals. Nonprofit organizations should steer clear of making resolutions.  But if you must make a resolution, resolve to do whatever it takes to achieve your goals.

For a free consultation and more information on setting goals for your non-profit call the HR4NON-PROFITS team at 630.830.4443 or visit our website at www.hr4nonprofits.com. Follow us on Facebook and Twitter.

“Choose issues with your heart and choose organizations with your head” is the motto of Philanthropedia (http://www.myphilanthropedia.org/ ), a California-based nonprofit organization whose mission is to “improve nonprofit effectiveness by directing money to and facilitating discussion about expert recommended high-impact nonprofits.”  Philanthropedia advises donors that it is important to give to causes that they care deeply about for personal, intellectual, ideological reasons or otherwise, and to support nonprofits within those areas that are having the biggest impact and doing the most good. 

 Adrian Sargeant, the Robert F. Hartsook Professor of Fundraising at the Center on Philanthropy at Indiana University and an expert in fund-raising research, donor loyalty and retention, recently participated in a live chat with the Chronicle of Philanthropy (http://philanthropy.com/section/Home/172/ ) on the topic of year-end giving.  She says that “Many folks around the world derive a lot of pleasure from their holiday giving and many make it a family event, inviting children to get involved selecting a cause or causes that they care about and making a holiday gift.”  Jen Shang, an assistant professor at the School of Public and Environmental Affairs at Indiana University, a philanthropic psychologist and also a contributor to the live chat says you should give to “something that you care enough about so that you would not only give once, but give continuously.  This should also be something that you would care enough about that you would follow its development, and not simply give money.”

 For donors who chose to make financial contributions in particular, a little front end homework will go a long way.  Keep in mind that not all of your dollars will reach the community or people the nonprofit is organized to serve.  Jen Shang says, “A charity cannot be effective without overhead.  So, the real question [that donors should ask] is, what is the overhead spent on?”  Donors should also not hesitate to ask about other ways they can help an organization.  Not everyone will be able to give hundreds or thousands of dollars but “there are other ways to serve the social good [such as through] smart volunteering, board service [and] raising money from friends” says Shang.  She also suggests that for donors who make smaller contributions, looking for organizations that have matching programs is a good idea.  Jacob Harold of the William and Flora Hewlett Foundation, and third contributor to the live chat, emphasizes that “We all have a toolbox for social good — money’s an important part of that, but time, energy, creativity and relationships are essential tools, too.

Many people already know the causes and specific nonprofit organizations to which they will donate.  But for those who have not yet decided, Harold suggests starting with organizational websites that allow you to search for trustworthy nonprofits in your specific local area as well as national and international nonprofits, such as Great Nonprofits (http://greatnonprofits.org/ ), Philanthropedia (http://www.myphilanthropedia.org/) and Modest Needs (http://www.modestneeds.org/ ).   Also, don’t forget faith-based and religious organizations and programs in your community. 

 Once you have determined the cause and organization to which you would like to contribute, you can follow up with a telephone call to ask specific questions and get more information.  Many charitable organizations accept hand-delivered, telephone and mail-in donations, as well as online credit card donations.  If you are contacted by an organization that is soliciting a contribution, exercise caution and make sure it is a reputable and trustworthy organization.  If you are not comfortable giving credit card information to telephone solicitors, ask them to send the information to your mailing address.  There are only a few days left until December 31, 2011 but there is still enough time to donate to a charitable cause. 

For a free consultation and more information on charitable giving, call the HR4NON-PROFITS team at 630.830.4443 or visit our website at www.hr4nonprofits.com. Follow us on Facebook and Twitter.

A Management Service Organization (MSO) “is a collection of nonprofits who come together to share back-office functions and at the same time, they maintain their separate identities, governing structures and programs”, says Jean M. Butzen, founder of Mission Plus Strategy Consulting, (http://www.missionplusstrategy.com/), a Chicago-based company whose focus is on strategic restructuring strategies such as mergers, partnerships and alliances for delivering social value.

The concept of MSO’s has been around for quite some time; however, there has been renewed interest and attention from nonprofit organizations in light of the current economy’s call for restructuring.  An MSO is a “new organization created to integrate administrative functions, and thereby to increase the participating organizations’ efficiency,” states Bill Coy and Vance Yoshida, Senior Associates at La Piana Associates (http://www.lapiana.org/), whose headquarters are in Emeryville, California.  In their article on “Administrative Collaborations, Consolidations, and MSOs”, Coy and Yoshida stated, “As nonprofits experience the benefits of programmatic collaboration, they are more willing to try administrative collaboration, and even the creation of a new organization for shared functions: a management service organization”.

Coy and Yoshida further proposed that successful MSO’s have clients whose annual revenues are less than $500,000 and whose back-office needs are fairly straightforward.  Generally, MSO’s achieve economies of scale by providing a standardized menu of services for a set fee, plus optional services priced separately.  They also tend to use one set of systems and procedures to provide their services and have a mission that is related to serving a specific community and assisting in the capacity-building efforts of organizations in that community.  http://www.lapiana.org/downloads/Admin_Partnerships_briefing_paper.pdf

Nonprofit organizations who are considering MSO’s should keep in mind that an MSO is a collaborative effort; therefore, the participant must be willing and able to work together.  An MSO is only one option for managing back-office functions and the nonprofit organization must exercise due diligence to be sure that an MSO is the right option for its organization.

For a free consultation and more information on management service organizations, call the HR4NON-PROFITS team at 630.830.4443 or visit our website at www.hr4nonprofits.com. Follow us on Facebook and Twitter.

Cause-related marketing (CRM), also known as cause marketing, refers to a marketing effort between a non-profit organization and a for-profit company.  Planning for a cause-related marketing campaign is not unlike planning for any other type of communications effort, according to Stephen Adler, author of “Cause For Concern: Results-Oriented Cause Marketing” and Chief Executive Officer of Charity Brands Consulting (http://www.charitybrands.com/).  Adler states that in order to give the cooperative effort the best chance for success, the parties must think strategically about the relationship.  Strategic thinking includes considering such factors as: executing due diligence when exploring and identifying possible cause-related marketing campaign partners; creating a one-of-a-kind unique blend from the non-profit organization and the for profit company’s two distinct and separate brands; and anticipating and preparing for market changes.

According to David Hessekiel, founder and president of Cause Marketing Forum, (www.causemarketingforum.com), Kevin Martinez, executive director of corporate social responsibility at New York City-based KPMG, and Chad Royal-Pascoe, managing director of national strategic alliances at White Plains, N.Y.-based March of Dimes, cause-related marketing relationships can potentially help the non-profit organization build lasting relationships with companies.  Non-profit organizations, however, are cautioned not to simply hand over their brands and hope for the best.  Cause related marketing is designed to be a mutually beneficial relationship.  Hessekiel, Martinez and Royal-Pascoe advise non-profit organizations to develop a policy to guide cause-related marketing talks and create boundaries for what it would be willing to do with corporate cause marketing.  An effective cause-related marketing campaign can ultimately bring the non-profit organization and the for-profit company greater visibility and increased revenue.

For a free consultation and more information on non-profit cause-related marketing and strategic planning, call the HR4NON-PROFITS team at 630.830.4443 or visit our website at www.hr4nonprofits.com. Follow us on Facebook and Twitter.

Branding is a process used by organizations to create widespread recognition of the organizations products or services.  When an organization’s brand is recognizable and when the organization’s values resonate with popular values, people are more likely to support the organization’s cause.  According to BBMG, (www.bbmg.com) a branding and integrated marketing agency based in New York and San Francisco, “values-driven organizations can benefit from understanding that the people they appeal to also have values.  They are conscious consumers.”  In its “BBMG Conscious Consumer Report”, (http://www.bbmg.com/ccr_order/) BBMG lists five core values that drive the more socially minded American consumer.  They are:

• Health and safety:  Conscious consumers seek natural, organic and unmodified products that meet their essential health and nutrition needs.
• Honesty:  Conscious consumers insist that companies reliably and accurately detail product features and benefits. They will reward organizations that are honest about this.
• Convenience:  Conscious consumers pare practical about purchasing decisions.  Faced with increasing constraints on their time and household budgets, they balance price with needs and desires and demand quality.
• Relationships:  Conscious consumers want more meaningful relationships with the brands in their lives. They want to know: Who made it? Where does it come from? And am I getting back what I put into it?
• Doing good:  Conscious consumers are concerned about the world and want to do their part to make it a better place.

For a free consultation and more information on branding and non profit organizational development, call the HR4NON-PROFITS team at 630.830.4443 or visit our website at www.hr4nonprofits.com. Follow us on Facebook and Twitter.

Mergers and collaborations are not exclusively limited to other organizations and executive directors.  Organizations can benefit greatly by merging and collaborating with their constituents, clients, chamber of commerce, college or university and critics.   This model is not intended for quick fixes and band aids. It requires mutual trust, common purpose and a codependent investment in success.

The merger and collaboration model offers significant opportunities and advantages.  Some of these advantages are:

• Keener focus – merging and collaborating ideas allows for a clearer and sharper focus on mission, strategy and contingency planning.  When there is intellectual or creative tension through brainstorming, good ideas become great ideas and tweaks and fine tuning are transformed into innovation and game-changers.
• Better data – merging and collaborating data and experiences leads to better decision making.  Sharing data and experiences among partners invites an undistorted, multidimensional perspective that can constructively critique and analyze data for better forecasts and compressed decision cycles.
• Expanded demographics – merging and collaborating with partners who have a similar mission (foster care, elder advocacy, civil rights, animal protection etc.) can enable both parties to expand the scope of their demographic and geographical presence.  It can help both parties reach a broader and more diverse prospective talent, donor, volunteer, client and constituent pool.
• Better outcomes – better outcomes are realized after a thorough exercise of vetting, testing and scrutiny.  Inviting others to weigh in on practices and processes creates better programmatic as well as leadership outcomes.  Merging and collaborating not only provides an objective critical context but also a lens of inspiration, enlightenment and increased client satisfaction.
• Reciprocal wins – merging and collaborating enables both parties to experience wins and consistent returns on their investment in several ways.  1). Savings on headcount and/or consultants.  2). More bandwidth and capacity. 3). A more effective or efficient model leads to higher performance and better results.  4). Competency transference enables the portability and retention of best practices. 5). Mission fulfillment – there are many competing demands and distractions that make mission fulfillment less of a priority.  Merging and collaborating equips leaders with the tools to purge clutter, cut fat, reset priorities, realign infrastructure, optimize opportunities and fulfill the mission of the organization.

For a free consultation and more information on non profit mergers and collaborations, call the HR4NON-PROFITS team at 630.830.4443 or visit our website at www.hr4nonprofits.com. Follow us on Facebook and Twitter.

Theresa A. Dear

Founder and President

HR4NON-PROFITS Inc.

September is a critical month for organizations that have a January 1^st effective date for employee benefits.  September is generally the month where employee benefits are reviewed, renegotiated and redesigned.  More importantly, this is the month where executive directors, presidents and leaders of organizations – non-profits in particular – can save a lot of money, if they know where to look, what to cut and how to negotiate. The following are a few cost cutting best practices and trends:

• Put everything on the table. Everything is negotiable. Insurance companies and brokers expect you to negotiate.
• If all your benefits are bundled, you will have more leverage to negotiate better premiums.
• Evaluate if your benefit plan meets the needs of your demographic employee base.  As an example, if you have an aging workforce, you should consider reducing maternity benefits and adding or increasing vision benefits.
• Reconsider the eligibility date for new employees.  The cost saving trend is that new employees have at least a thirty day waiting period.
• Audit your benefit plan to remove ineligible dependents.
• Some employers are still paying a portion of premiums for dependents.  The cost saving trend is that employers are paying less for employee dependent’s premiums.
• Revisit the carryover caps/limits on PTO plans.
• If you have a separate bereavement policy, consider integrating it into your PTO plan.
• Don’t wait until November or December to begin benefit plan review and renegotiation.  Your insurance company will realize you are pressed for time, with a January 1^st effective date and you will significantly reduce your capacity to redesign, negotiate and reduce costs.

If you would like a free consultation about your employee benefits plans, please call the HR4NON-PROFITS team.  There is no greater reward to us than helping our clients save money so they can redirect these savings to needed programs.

Theresa A. Dear

Founder and President

Call us at 630.830.4443   Follow us on Facebook and Twitter   www.hr4nonprofits.com