Sharon Orlopp, Global Chief Diversity Officer and Senior Vice President of Walmart, will address the graduates during the 146th Spring Commencement of Fayetteville State University (FSU). The event will be held at 9 a.m. on May 4, in the Crown Coliseum. More than 500 graduates will receive degrees at the bachelor, masters, and doctoral levels. The public is invited.

Orlopp is responsible for advancing a diverse workforce with 2.1 million associates worldwide. She served as Senior Vice President of People Division at Sam’s Club. She has more than 25 years of management experience; 16 of those years have been spent in the human resources arena. She came to Wal-Mart Stores, Inc. in 2003.

Orlopp’s responsibilities included … training and development, associate processes, event planning and communication, compensation and all aspects of human resources. Prior to Sam’s, Orlopp served as Vice President of Human Resources at Gart Sports where she was responsible for the sporting goods retailer’s compensation, benefits, training, recruiting, Public Relations, and Investor Relations. Before that, she spent 17 years at Footlocker where she worked her way up through the ranks from sales associate to become the Vice President of Human Resource Administration. She serves as Director of Women’s Foodservice Forum, Inc.

Orlopp serves on the Advisory Board for the Center for Business Women’s Research, known as the leading authority on women business owners and their enterprises worldwide. She is also a Board Member for Northwest Arkansas Radiation Therapy Institute, NARTI, and Future Business Leaders of America, FBLA.

Presiding over commencement will be FSU Chancellor James A. Anderson, the 11th chief executive officer. He began his duties on June 9, 2008. Before coming to FSU, Anderson served as the University of Albany’s Vice President for Student Success and Vice Provost for Institutional Assessment and Diversity.

Raised in Washington, D.C, Anderson majored in psychology at Villanova University in Pennsylvania, graduating in 1970. He later earned a doctoral degree in the field (1980) from Cornell University in New York. Early in his career, Anderson chaired the Department of Psychology at Xavier University in New Orleans (1976-1983) before joining Indiana University of Pennsylvania as a professor of psychology.

In 1992, he began an 11-year tenure as Vice Provost for Undergraduate Affairs at North Carolina State University. In that role, he was credited with leading a revision of the general education curriculum, as well as the development of the First Year College, the Honors Programs, the Faculty Center for Teaching and Learning, the Minority Engineering Program, and the North Carolina State Diversity Initiative, among others.

In 2003, Anderson was recruited to Texas A&M University, a major land-grant institution serving more than 46,000 students, as Vice President and Associate Provost for Institutional Assessment and Diversity. He held that post until joining the University at Albany in 2005.

FSU is the second-oldest public institution in North Carolina. A member of the University of North Carolina System, FSU has nearly 6,000 students and offers degrees in more than 60 undergraduate and graduate degree programs.

For more information, please call (910) 672-1474.

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Organizations that advocate for local businesses, like the Institute for Local Self-Reliance, say that Walmart’s two-year-old healthier-food program, endorsed by First Lady Michelle Obama, is a ploy to help the company make inroads into urban areas and push out smaller food retailers. Others, such as Huffington Post business editor Jillian Berman, question whether even this huge effort is enough to wean consumers from the junk food that has become a dietary addiction.

One of the important studies cited in Mrs. Obama’s Wall Street Journal op-ed piece about the initiative referenced the payoff that offering healthier, lower-calorie foods can bring to business. If other companies see the value in following Walmart’s lead, there may be hope for curbing the obesity epidemic that is contributing to health disparities and soaring healthcare costs.

The program has a number of elements that should lead to healthier eating habits:

• Reformulating packaged foods to contain less sodium and sugar.
• Lower prices on fresh foods because of Walmart’s economies of scale with producers and suppliers.
• More than $9.5 million in grants to nutrition-education programs.
• Opening between 275 and 300 new stores in urban and rural so-called food deserts by 2016.

According to the U.S. Department of Agriculture, 14.9 percent (17.9 million households) were food insecure in 2011. Food-insecure households had difficulty providing enough food for all their members. Walmart has already opened 86 stores in food deserts since 2011, using the Department of Agriculture’s Food Desert Locator to pinpoint locations. The new stores serve both urban and rural areas including Atlanta, Durham, N.C., and Springfield, Mo., where Mrs. Obama spoke last week.

The healthier-food effort is in step with Walmart’s declaration late last year that 100 percent of its growth will come from multicultural customers, which includes groups, such as Blacks and Latinos, that are at highest risk for obesity—in turn putting them at risk for diseases triggered by poor nutrition, such as diabetes and heart disease. Combine that with the fact that 56.7 percent of Walmart’s customers have household incomes below $50,000, and it’s clear that even if the healthier-food efforts are being made for self-serving reasons, they likely will help reduce healthcare costs that currently represent about 18 percent of the GDP.

In another push to bring health awareness to its customers, Walmart last week also announced that it would be putting healthcare kiosks into 2,500 Walmart and Sam’s Club stores this month. The kiosks, made by SoloHealth, will allow people to check their blood pressure or heart rate while buying their fruits and vegetables. SoloHealth said it plans to update the kiosks so that they include smoking-cessation tips, diabetes testing and programs for helping consumers enroll in health plans. Consumer advocates have raised privacy concerns about the kiosks, which ask consumers for their email addresses to send follow-up information. But if the machines are raising awareness among those who might be uninsured or not inclined to see a physician, they might just motivate consumers to take charge of their health.

The post Walmart’s Healthier-Food Initiative: Big Enough to Combat Big Sugar? appeared first on DiversityInc.

Walmart announced the promotion of Karen Roberts to Executive Vice President and General Counsel. She manages a department that is responsible for all legal matters affecting the company in its domestic and international markets. A 17-year veteran of the company, Roberts previously was Senior Vice President and President of Walmart Realty, overseeing close to 1 billion square feet of real estate. Roberts has a bachelor’s degree from Harding University and a juris doctor from the University of Arkansas.

Charmaine Brown, Director of Diversity & Inclusion at Forest City, was named Diversity Executive of the Year by Commercial Property Executive magazine. CPE cited Brown’s role in implementing a new recruitment strategy and in helping bring the Real Estate Associate Program to Forest City’s hometown of Cleveland. Brown is also involved in the Greater Cleveland Partnership’s Commission on Economic Inclusion and the Northern Ohio Minority Supplier Development Council. Brown has a bachelor’s degree from Michigan State University.

Lissiah Hundley has been named Director of Diversity and Inclusion at Cox Communications. She is the primary advisor on the research, development, execution and enhancement of D&I programs and initiatives at Cox, working closely with HR and senior leaders to develop D&I strategies for the business. Previously, Hundley was Vice President and Diversity Project Management Manager at Wells Fargo. She has a bachelor’s degree and a juris doctor from St. Mary’s University in Texas and a master’s degree from the University of Texas. She is a member of the board of directors of Urban League of Central Carolinas. Cox is No. 25 in the DiversityInc Top 50.

Kellogg Company has promoted two women to new leadership roles in its human-resources department. Sammie Long has been named Senior Vice President, Global Human Resources. In her new position, Long is responsible for all of the company’s HR functions for its 31,000-plus employees worldwide. The England native graduated from the University of Salford outside Manchester. Replacing Long as Vice President, Human Resources, Kellogg North America, covering the company’s operations in the United States and Canada, is Lyn Frantz, formerly Vice President, Human Resources, Kellogg North America Supply Chain. Frantz has a bachelor’s degree from Central Michigan University. Kellogg Company is No. 49 in the DiversityInc Top 50.

Kellogg Company announced the election of Mary Laschinger, Senior Vice President of International Paper and President of IP’s xpedx division, to its board of directors. Laschinger, who is responsible for IP’s North American distribution business, was also appointed to the board’s Manufacturing Committee and to its Social Responsibility and Public Policy Committee. Laschinger has a bachelor’s degree from the University of Wisconsin and a master’s degree from the University of Connecticut.

Wyndham Worldwide has named Tiziana Sullivan as Vice President, Diversity and Inclusion. She will focus on D&I initiatives in recruitment, development and retention of global talent, as well as customer and stakeholder relations. She will also manage diversity initiatives among Wyndham’s associate business groups. Sullivan previously served as Director, University Relations and Diversity Recruitment. She has a bachelor’s degree from Concordia University. Wyndham Worldwide is one of DiversityInc’s 25 Noteworthy Companies.

New York Life announced the appointment of Troy Glover as Senior Vice President in charge  of the company’s Long-Term Care Insurance operation. He is responsible for all facets of product development, marketing and administration of the Long-Term Care Insurance line. Glover most recently was Chief Operating Officer of the unit, which is based in Austin, Texas. He has a bachelor’s degree from Brandeis University and a master’s degree from Cornell University.

Ernst & Young has named Chobani founder Hamdi Ulukaya as the 2012 Overall Award winner in its National Entrepreneur Of The Year program, for his vision in jumpstarting the U.S.’s Greek yogurt boom. The award encourages entrepreneurial activity and recognizes leaders and visionaries who demonstrate innovation, financial success and personal commitment as they create and build world-class businesses. Winners in 10 industries were selected by an independent panel of judges from among 244 regional honorees. Ernst & Young is No. 6 in the DiversityInc Top 50.

Rhonda Davenport Johnson has been named Senior Vice President and Director of the Comerica Loan Center. She oversees all Comerica Loan Center operations for mortgage, home equity, consumer and small-business loans generated through Comerica’s national operations. Davenport has bachelor’s and master’s degrees from Western Michigan University and is a graduate of the Consumer Bankers Association’s Graduate School of Retail Bank Management. Comerica Bank is No. 3 in DiversityInc’s Top 10 Regional Companies.

The Massachusetts Mutual Life Insurance Company (MassMutual) announced two promotions: Chris Mendoza to Vice President of Multicultural Market Development and Brian K. Lee to head of the company’s Greater Los Angeles agency. Mendoza is responsible for the development of multicultural business and market strategies, including securing and leveraging strategic alliances with diverse organizations that support recruiting and business generation. Lee is building on the agency’s decades-long commitment to Los Angeles as well as expanding the agency’s multicultural reach to address the financial needs of various ethnic groups in and around the area. One of Lee’s goals is to double the number of multilingual financial professionals in the Los Angeles office. MassMutual is one of DiversityInc’s 25 Noteworthy Companies.

The Philadelphia Multicultural Affairs Congress, the division of the Philadelphia Convention & Visitors Bureau responsible for increasing the city’s share of the multicultural meetings, conventions and tourism markets, has appointed Nicole Johnson-Reece as its new Executive Director. Reece most recently was Vice President of Global Diversity and Inclusion for ARAMARK. She has a bachelor’s degree from Rutgers University.

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BENTONVILLE, Ark., Jan. 29, 2013 /PRNewswire-HISPANIC PR WIRE/ – The following statements reference the Walmart Foundation’s donation of $4.16 million to Goodwill Industries International, National Disability Institute and United Way Worldwide in support of the MyFreeTaxes Partnership, offering free federal and state tax preparation and filing services both online and in person to eligible Americans nationwide, along with Earned Income Tax Credit (EITC) eligibility education. MyFreeTaxes online and in-person tax preparation and filing services have helped 4.5 million families claim nearly $6 billion in tax credits and refunds since 2009.

MyFreeTaxes launched today and is expected to help return an estimated $1.95 billion this year in total tax refunds, credits and tax preparation fee savings to qualified taxpayers.

—

“In this difficult economic climate, every dollar counts.  Each year, millions of Americans pay hundreds of dollars to file their taxes, without knowing they may be eligible for free filing.  In addition, millions of Americans may not receive their maximum tax refund because they aren’t aware of the tax credits for which they may be eligible.  To help ease the financial burden of the tax preparation process and make sure individuals and families receive their full tax refund, the Walmart Foundation is pleased to partner with leading nonprofits to offer MyFreeTaxes, a completely free tax-filing service.”

— Michelle Gilliard, Senior Director, Walmart Foundation

“Providing free tax preparation and filing assistance to eligible individuals and families nationwide is a way to bring people into the tax system and educate them about their rights and options. At the same time, we’re making a difference for taxpayers by helping them access vital tax credits such as the Earned Income Tax Credit (EITC). Our relationship with our partners, including MyFreeTaxes, is a win for taxpayers.”

— Peggy Bogadi, Commissioner, Wage & Investment Division,
Internal Revenue Service (IRS)

—

MyFreeTaxes Background and Filing Details:

For eligible taxpayers earning $57,000 or less per year, the Walmart Foundation’s $4.16 million grant in support of the MyFreeTaxes Partnership will:

• Provide free federal and state tax preparation and filing assistance for qualified individuals;
• Offer eligible consumers two main ways to file:
  • Online at www.MyFreeTaxes.com for individuals and families with combined incomes of $57,000 or less;
  • In person in the local community at:
    • 100 United Way and 28 Goodwill® led community-based Volunteer Income Tax Assistance (VITA) efforts for individuals and families with combined incomes of $50,000 or less;
    • 10 National Disability Institute led American Job Center region (formerly One-Stop Career Centers) efforts across the country where on-site tax coaches will help individuals and families with incomes of $57,000 or less file for free using MyFreeTaxes.com;
• Expect to assist 210,000 people with disabilities to file their taxes for free and expand knowledge of EITC and other available tax credits by continuing to build the capacity of the MyFreeTaxes network to expand outreach to taxpayers with disabilities;
• Deliver phone and online assistance for taxpayers using MyFreeTaxes. Taxpayers can:

• Visit MyFreeTaxes.com to locate a free tax site near them or call 2-1-1 to schedule an appointment;
• Call 1-855-My-Tx-Help for questions about MyFreeTaxes.com;
• Contact their local tax filing site or call 2-1-1 if they need an ADA accommodation to file their taxes in person;
• Use online chat available through MyFreeTaxes.com. Click on “contact us.”

MyFreeTaxes national and local partners offer free federal and state tax preparation and filing assistance online with tax filing software provided by H&R Block^® and in person at sites in local communities. MyFreeTaxes partners also provide taxpayers with eligibility information about the Earned Income Tax Credit (EITC) and other tax credits to help them keep more of what they earn.

Key Data Points:

• Since 2009, MyFreeTaxes has helped more than 4.5 million families file free federal and state tax returns, resulting in nearly $6 billion in federal income tax refunds, nearly $1.5 billion in Earned Income Tax Credits and more than $913 million in tax preparer fee savings. MyFreeTaxes has also helped more than 610,000 taxpayers with disabilities file their returns.

• Of the 139 million U.S. taxpayers filing in 2011, 91 million reported adjusted gross incomes of $50,000 or less. Many of those taxpayers were eligible for a number of tax credits that often go unclaimed. In fact, 1 in 5 Americans is unaware they qualify for EITC. MyFreeTaxes is expected to help return more than $1.95 billion in total tax refunds, credits and tax preparation fee savings to eligible individuals and families nationwide.

About Philanthropy at Walmart

Walmart and the Walmart Foundation are committed to helping people live better through philanthropic efforts. By operating globally and giving back locally, Walmart is uniquely positioned to address the needs of the communities it serves and make a significant social impact within its core areas of giving: Hunger Relief and Nutrition, Sustainability, Career Opportunity and Women’s Economic Empowerment. Walmart and the Walmart Foundation are leading the fight against hunger in the United States with a $2 billion commitment through 2015. Walmart has donated more than 900 million meals to those in need across the country. To learn more about Walmart’s giving, visit foundation.walmart.com.

About United Way

United Way is a worldwide network in 41 countries and territories, including more than 1,200 local organizations in the U.S. It advances the common good, creating opportunities for a better life for all by focusing on the key building blocks of education, income and health. United Way recruits people and organizations who bring the passion, expertise and resources needed to get things done. LIVE UNITED® is a call to action for everyone to become a part of the change. For more information about United Way, please visit www.UnitedWay.org

About Goodwill Industries International

Goodwill Industries International is a network of 165 community-based agencies in the United States and Canada with 14 affiliates in 13 other countries. Goodwill is one of America’s top 25 most inspiring companies (Forbes, 2012). Goodwill agencies are innovative and sustainable social enterprises that fund job training programs, employment placement services and other community-based programs by selling donated clothing and household items in more than 2,700 stores and online at shopgoodwill.com. Local Goodwill agencies also build revenue and create jobs by contracting with businesses and government to provide a wide range of commercial services, including packaging and assembly, food service preparation, and document imaging and shredding. In 2011, more than 4.2 million people in the United States and Canada benefited from Goodwill’s career services. Goodwill channels 82 percent of its revenues directly into its programs and services. To find a Goodwill location near you, use the online locator at locator.goodwill.org, or call (800) GOODWILL. Follow us on Twitter: @GoodwillIntl or find us on Facebook: GoodwillIntl.

About National Disability Institute

National Disability Institute (NDI) is national non-profit organization dedicated to building a better economic future for people with disabilities. The first national organization committed exclusively to championing economic empowerment, financial education, asset development and financial stability for all persons with disabilities, National Disability Institute effects change through public education, policy development, training, technical assistance and innovative initiatives. Since 2005, National Disability Institute and its Real Economic Impact (REI) Network of more than 900 partners in more than 100 cities nationwide have helped 1.5 million people with disabilities receive more than $1.4 billion in tax refunds. To learn more, visit www.realeconomicimpact.org

SOURCE  Walmart Foundation

CONTACT: Walmart Media Relations news.walmart.com/reporter 1-800-331-0085

The post The Walmart Foundation and Leading Nonprofits Launch MyFreeTaxes to Deliver Free Federal and State Tax Preparation and Filing to Eligible Taxpayers in 2013 appeared first on DiversityInc.

Martin Luther King Jr. Day, which falls on the third Monday of January, is a federal holiday around the time of Dr. King’s Jan. 15 birthday. It was declared a federal holiday in 1986 and is now observed in all 50 states, with South Carolina the last to adopt it, in 2000. According to the Bureau of National Statistics, about a third of private employers now give employees the day off. A questionnaire sent to the 587 participants in the DiversityInc Top 50 survey found that 61 percent close their offices—and all but two of the companies on the DiversityInc Top 50 list are closed.

• 96 percent of the companies in the survey observe the holiday in some way.
• 65 percent of the companies that close also plan additional events and volunteer efforts for employees.
• 91 percent of the participants that stay open plan additional events and volunteer efforts for employees.

In addition to office closures, the responses show that companies rely on four strategies to commemorate MLK Day: Volunteerism, Resource Groups, Events and Corporate Communications. Below, we share best practices from more than 20 companies.

Volunteerism

Forty percent of the companies we surveyed encourage employees to utilize the holiday as a day of service and volunteerism. Several companies, including Kaiser Permanente (No. 3 in the DiversityInc Top 50), Marriott International (No. 21) and Accenture (No. 12), give employees the day off to serve nonprofits aimed at underrepresented groups in their communities through a call to action for the National Dr. Martin Luther King Jr. Day of Service.

• “For the ninth consecutive year, Kaiser Permanente is proud to participate in the National Day of Service in honor of Dr. Martin Luther King Jr. On this day, thousands of Kaiser Permanente employees and physicians will step out of lab coats and suits and into painting caps and tool belts, rolling up their sleeves in community service to honor Martin Luther King Jr. and his commitment to improving lives through dedicated service. Last year, employees broke records with more than 7,000 volunteers, including physicians and senior leaders, a 10 percent increase from the previous year. Volunteer activities took place at over 130 sites across the country, serving an estimated 35,000 people.” —Rosalind Padilla, Senior Project Manager, Workforce Diversity, National Diversity, Kaiser Permanente

• “Dr. Martin Luther King Jr. (MLK) Day of Service has become an annual call to action for volunteers across the country to get involved in meaningful community service. In this spirit of celebration, Accenture people in Detroit and Washington, D.C., will take time to give back by participating in local MLK Day events in January 2013. … Accenture’s Carolinas African American employee resource group in Charlotte will be joining with the Charlotte Experienced Hire employee resource group to serve the Charlotte community through the Habitat for Humanity MLK Day Build project. Accenture volunteers in the Miami office are invited to Dr. Martin Luther King Jr. Elementary School to celebrate Dr. King’s legacy and participate in various service activities. Volunteer groups will also be participating in landscaping, mural painting and gardening projects to help beautify the school grounds.”  —Stacey Jones, Senior Director, Corporate Marketing, Accenture 

• “Marriott International honors the life and work of Dr. Martin Luther King Jr. in many ways. We host ongoing volunteer activities in various geographical regions where associates can serve as volunteers.”  —Maruiel Perkins-Chavis, Vice President, Workforce Effectiveness & Diversity, Marriott International 

• “At Walmart, Dr. King’s message aligns with our company’s three basic beliefs: respect for the individual, service to our customer, and striving for excellence. 2013 will mark Walmart’s 17th Annual Dr. Martin Luther King Jr. Celebration. In addition to a home-office program where Mayor Dennis, the Honorable Alexis Herman and Tavis Smiley have served as guest speakers, the company has also collaborated with community-based organizations and school districts in community programs. The company also has a Day of Service project that encourages our associates to give back to our community. As Dr. King represented a lifetime of service, Walmart is committed to serve our associates and our customers.” —Donald Fan, Senior Director, Global Office of Diversity, Walmart

• “Altria encourages our employees to use Martin Luther King Jr. Day of Service volunteering in honor of Rev. King. We sent a communication that went out to our company employees letting them know how they could get involved: Make It a Day On, Not a Day Off. Martin Luther King Jr. Day of Service (MLK Day) marks the beginning of the year of service as millions of Americans honor the memory of Dr. Martin Luther King Jr. by volunteering in their communities. The Altria Volunteers program is one of the cornerstones of ‘Contributing Together,’ giving employees the opportunity to get involved in their community by participating in volunteer events. In support of our volunteer program, Altria Group and its companies have partnered with the HandsOn Network to positively impact local communities nationwide while simultaneously promoting strong corporate citizenship and employee-engagement goals.” —Nancy Adams, Senior Manager – Diversity / AAP / HR Client Services, Altria Client Services

• “Last year, as in previous years, Harland Clarke has encouraged our employees to take on the true spirit of Martin Luther King Day by serving the community. Rather than taking the day ‘off,’ our employees take a day ‘on’ of service.” —Stacy Franklin, Vice President of Human Resources, Diversity and Workforce Performance, Harland Clarke

• “Independence Blue Cross’s corporate volunteerism group, the Blue Crew, participates in the Martin Luther King Day of Service.” —John F. Clayton Jr., Manager, Diversity, Inclusion & Workforce Initiatives, Independence Blue Cross 

Resource Groups

Thirty percent of companies’ Black resource groups take the lead in planning celebrations, events and communications to promote Dr. King’s message of inclusion to all employees. The resource groups frequently volunteer within their communities as well.

• “Some of Ernst & Young’s Black Professional Networks (BPN) have convened client events in honor of Black History Month. For example, our West Sub-Area BPN co-hosted a ‘Black History Month Executive Roundtable’ last year with the Kaiser Permanente African-American Professional Association. The event featured a panel moderated by Tony Kendall (Chairman and CEO, Mitchell & Titus, LLP) and panelists from Gilead Sciences, Kaiser Permanente, Onyx Pharmaceuticals, AAA Northern California, Textainer Group and CBS Interactive. … Our Boston office BPN held its second annual Black History Month celebration last year, where it recognized members and champions alike for their involvement and support.” —Emily Lobel Kameros, Associate Director, Inclusiveness, Americas People Team, Ernst & Young (No. 6 on the DiversityInc Top 50)

• “This year, Horizon Blue Cross Blue Shield’s African-American affinity group, Enlightenment and Empowerment Enterprise, had invited the League of Women Voters of New Jersey to participate in our celebration of Dr. Martin Luther King Jr.’s birthday. They showcased their organization by distributing literature informing our employees about the importance of registering to vote as well as how they can get involved in the voter-registration drive. Bookmarks, which contained a reprint of one of Dr. King’s speeches, were also distributed to our employees. In addition to our affinity group’s luncheon, we run excerpts of several of Dr. King’s videoed speeches as well as various quotes and historical facts regarding Dr. King on our internal television monitors during that time as well.” —Alison Banks-Moore, Chief Diversity Officer, Horizon Blue Cross Blue Shield of New Jersey (one of DiversityInc’s Top 10 Regional Companies)

• “Accenture’s Detroit African American employee-resource group will convene for an interactive panel discussion entitled ‘Living the Dream … the Accenture Way’ to reflect on Dr. King’s legacy and how diverse workplaces like Accenture, and our clients, are providing an inclusive environment and what things can be done as we continue to move forward. In coordination with the event, Accenture employees will host a canned-goods drive to collect nonperishable foods that will be donated to Detroit-based Capuchin Soup Kitchen. … Accenture’s African-American employee-resource group in Philadelphia will work with the YWCA for a day of workshops and mentoring.” —Stacey Jones, Senior Director, Corporate Marketing, Accenture

• “AT&T’s African American resource group—Community NETwork—participates in several January events across the nation: The Connecticut chapter sponsors a bus trip to the Presidential Inauguration and reflects on Martin Luther King Jr.’s life too as we pay tribute to President Barack Obama’s being elected to a second term in office; the Detroit chapter’s MLK Oratorical Program will have singing and liturgical dance, featuring 10 students reciting the ‘I Have a Dream Speech’; Chicago and Charlotte chapters will participate in A Day of Service, honoring Martin Luther King Jr.; and San Antonio chapters are the major sponsors of the largest MLK parade in the nation. We expect to have close to 100 employees marching in the parade. Also, the Oklahoma City Community NETwork chapter will participate in its local, Oklahoma City MLK parade.” —Forrest Parrott, Executive Director – Internal Communications, AT&T (No. 4 on the DiversityInc Top 50)

• “Each year, H.O.N.O.R. (Helping Our Neighbors With Our Resources) and the A.A.L.C. (African American Leadership Council), two of Johnson & Johnson’s enterprise-wide resource groups, celebrate the life and accomplishments of Dr. Martin Luther King Jr. This annual ceremony, now in its 35th year, also serves as a means to honor members of the Johnson & Johnson companies and the local community who have inspired and demonstrated a passion for others through caring and service.” —Anthony Carter, Vice President, Global Diversity & Inclusion and Chief Diversity Officer, Johnson & Johnson (No. 11 on the DiversityInc Top 50)

• “IMPACT, Humana’s African-American Network Resource Group, coordinated an ‘Impact Day’ for Humana associates to give a day of service to honor Dr. Martin Luther King Jr. Members from all five of our Network Resource Groups volunteered at the following nonprofit organizations: Newburg Boys & Girls Club, Christian Care Community Rehabilitation Center and ElderServe. —Kai Vaughn, Inclusion & Diversity Consultant, Humana

• “Our resource groups take the opportunity to educate Kellogg employees about Dr. King’s work via communications, newsletters, etc.” —Mark King, Chief Diversity Officer, Kellogg (No. 49 on the DiversityInc Top 50)

• “Progressive’s African American resource group PAAN plans a celebration for those who are working through a process we call ‘Celebration in a Box,’ which allows various groups using several formats to celebrate the occasion.” —Neil Lenane, Director of Employee Experience, Progressive Insurance

Special Dr. King & Black History Events

Almost 30 percent of companies host corporate events with guest speakers to discuss the significance of Dr. Martin Luther King, civil rights, diversity and inclusion, and Black History Month.

• “Wells Fargo buys local and national print-media advertising as well as radio spots to honor the life of Dr. King. A number of regions participate in MLK Day parades, breakfasts and other volunteer activities to support the communities where our team members live and work. In 2012, Wells Fargo served as the official financial-services-sector sponsor of the premiere of the George Lucas film Red Tails. With a special connection to the Tuskegee Airmen, Wells Fargo honored two of its retired Wells Fargo team members, Colonel George S. Roberts and Lieutenant James Walker.” —Jimmie Paschall, Executive Vice President, Enterprise Diversity & Inclusion, Wells Fargo, No. 33 on the DiversityInc Top 50

• “The North Shore–LIJ Health System has held an annual Dr. Martin Luther King Jr. Memorial Program honoring Dr. King for the past 42 years. This year’s theme is ‘Living the Dream … the Next Generation.’ The program, hosted by the Office of Diversity, Inclusion and Health Literacy, is held in the auditorium of one of our larger hospitals and is also telecast to all of our sites (15 hospitals) through the Health System’s videoconferencing network. This year’s keynote speaker for the 43rd annual Rev. Dr. Martin Luther King Jr. Memorial Program will be John Quiñones, Emmy Award–winning co-anchor of ABC’s Primetime and sole anchor of the series What Would You Do? … We also sponsor a Dr. Martin Luther King Jr. Creative Arts Contest for the children of our employees. The winners are presented with prizes at the event.” —Barbara Felker, Vice President, Community and External Affairs, North Shore–Long Island Jewish Health System

• “We start our branded Black History Month celebration—”AT&T 28 Days”—every year on Dr. Martin Luther King Jr. Day. It’s a six-week program with TV, radio, digital integration and live events in seven markets. This year, we will begin in Chicago on Dr. Martin Luther King Jr. Day. We also have an annual Dr. Martin Luther King Jr. celebration luncheon in Atlanta with prominent speakers that is open to the members of our 11 resource groups.” —Forrest Parrott, Executive Director – Internal Communications, AT&T

• “In 2012, Kellogg commemorated Dr. King’s legacy by being a sponsor of the Rainbow PUSH’s annual MLK Scholarship Breakfast in Chicago.” —Mark King, Chief Diversity Officer, Kellogg

• “Army and Airforce Exchange Service always has an official program during commemoration week with a guest speaker and display posters. Our guest speaker is Theron Bowman, Ph.D., Deputy City Manager, former Chief of Police, Arlington, Texas; Consultant, Nation Builder, Police Practices Expert, and Entrepreneur.” —Carlyn Houston, EEO Programs Specialist, EEO Diversity and Inclusion, Army and Airforce Exchange Service

Internal Office Communications

Approximately 21 percent of companies send messaging via emails, newsletters and/or corporate intranets to communicate the relevance of Martin Luther King Jr. Day to employees. Some companies, including Ernst & Young, pair these efforts with messaging about Black History Month as well.

• “Comcast and NBCUniversal have changed the homepage of our new corporate website to feature a compelling 1965 Meet The Press interview with Dr. Martin Luther King Jr. During the interview, Dr. King discusses the march from Selma to Montgomery, Ala., to help raise awareness of the difficulty faced by black voters in the South and the need for a Voting Rights Act, which passed later that year. Additional historic photos and videos from NBC News’ coverage of the civil-rights movement can be found within the story. Please share this link to help share an important piece of American history.” —Katie Lubenow, Senior Manager, Corporate Communications, Comcast (one of DiversityInc’s 25 Noteworthy Companies)

• “Ernst & Young’s local offices/regions (and their associated BPNs) do a variety of communications in recognition of Black History Month. For example, last year our McLean BPN ran a series of profiles of black leaders. In addition, they ran a giveaway with complimentary tickets to see Red Tails, the movie based on the real-life heroics of the Tuskegee Airmen.” —Emily Lobel Kameros, Associate Director, Inclusiveness, Americas People Team, Ernst & Young

• “Marriott disseminates communications to our associates that advises them of local community-service opportunities, events and celebrations they can participate in to celebrate of this day of service.” —Maruiel Perkins-Chavis, Vice President, Workforce Effectiveness & Diversity, Marriott International

• “Humana produces an all-associate communication that informs associates of the work of Dr. MLK Jr. and how we at Humana can pay tribute through community service.” —Kai Vaughn, Inclusion & Diversity Consultant, Humana

• “Deloitte shares messages on our intranet and leaders send messages to their teams about the importance of remembering Dr. King.” —Wendy Berk, Senior Manager, Inclusion, Marketing and Communications, Deloitte (No. 8 in the DiversityInc Top 50)

• “Celebrations of Black history held during the month of February have, from time to time, commemorated the life and work of Dr. King. Blue Cross Blue Shield of Illinois plans to post a tribute to Dr. King on our intranet site this year.” —Carolyn Clift, Senior Vice President and Chief Diversity Officer, Health Care Service Corporation (No. 19 in the DiversityInc Top 50), which operates Blue Cross Blue Shield of Illinois

• “McGraw-Hill proudly recognizes MLK Day as an official holiday and the offices are closed. We generally post an article or commentary on our intranet site.” —Terri D. Austin, Chief Diversity Officer, The McGraw-Hill Companies (one of DiversityInc’s 25 Noteworthy Companies)

 Additional Recognition & Charity Contributions

• “This year will be our 21st Peoria-local luncheon. Caterpillar was the first company to sponsor the luncheon financially. This year, we have Condoleezza Rice as our guest speaker and Caterpillar has not only generously provided financial contribution, but has two tables and is flying Dr. Rice into Peoria on the corporate jet.” —Alma Brown, Communications Representative, Caterpillar Inc.

• “The majority of Johnson & Johnson’s contribution efforts go toward the Frank R. Steele Scholarship Fund, set up by the H.O.N.O.R organization in 1984, that provides financial assistance through the Middlesex County College Foundation to African-American students studying for degrees in Business Administration and Science.” —Anthony Carter, Vice President, Global Diversity & Inclusion and Chief Diversity Officer, Johnson & Johnson

• “Blue Cross Blue Shield of Illinois celebrates Martin Luther King Day as a corporate holiday.  All employees get the day off. Our Illinois headquarters building is illuminated on Martin Luther King Day with MLK [across the façade].” —Carolyn Clift, Senior Vice President and Chief Diversity Officer, Health Care Service Corporation

• “In Bentonville, Ark., Walmart sponsored the essay contest for local sixth graders where students reflected on Dr. King’s message of equality and discussed how they were living Dr. King’s dream.” —Donald Fan, Senior Director, Global Office of Diversity, Walmart

The post Dr. King & Civil Rights: How Walmart, AT&T & More Keep It Relevant appeared first on DiversityInc.

Following bad press about its practices in Mexico last year, Simon recently announced three major initiatives that analysts say should improve Walmart’s image as a leader in corporate social responsibility.

1)    Walmart will hire any returning veteran who wants a job within the first 12 months of coming off active duty. The company’s goal is to hire 100,000 veterans over five years.

2)    The company will increase its sourcing of American-made products throughout the organization by $50 billion over 10 years.

3)    Walmart will help more of its staffers become full-time employees. This means more workers will have access to health benefits.

“The election clarified for me that it’s time for those of us outside politics to get to work,” Simon said. “I find it fascinating that during the campaign we all waited with bated breath each month for the government to tell us how many private-sector jobs were created. After all, it’s the private sector that creates jobs.”

“We believe Walmart is already the largest private employer of veterans in the country, and we want to hire more,” he added. “I can think of no better group to lead in revitalizing our economy than those who have served in uniform. Through their service, veterans give us a land of freedom. When they return, it must be to a land of possibility.”

Most of the jobs offered to veterans, Simon noted, will be in Walmart stores and Sam’s Clubs, while some will be in distribution centers or at corporate headquarters in Arkansas.

Walmart and Sam’s Clubs have about 1.3 million employees in the United States. According to the Bureau of Labor Statistics, 51.3 percent of all veterans (10.8 million) are part of the civilian workforce, accounting for approximately 6.9 percent of the total workforce (155.5 million). The jobless rate for veterans is 7.0 percent, which has decreased 9.0 percent since December 2011. The national unemployment rate currently is 7.8 percent.

“If someone’s unemployed, that’s an issue,” said Michael Dakduk, Executive Director, Student Veterans of America. “There are a lot of homeless veterans and a lot of veterans that are not employed. It’s certainly a step in the right direction, and I think that’s important to acknowledge.”

As for the company’s “Made in America” initiative, Simon said that already two-thirds of the company’s goods are made, grown or sourced in the United States.

Walmart has gained praise for these initiatives from leaders including First Lady Michelle Obama. Scott Paul, President, Alliance for American Manufacturing, called the announcement a potential game-changer because of the retailer’s influence on industry trends. “Ideally, Walmart’s and Sam’s Club’s pledge of increased domestic sourcing will include higher-ticket items like appliances and apparel, and not simply more of the current paper goods and vegetables that are made in the U.S.,” Paul said.

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Walmart’s Global Chief Diversity Officer Sharon Orlopp

This includes a hands-on diversity immersion course for Walmart and Sam’s Club managers, which gives associates a firsthand tour of civil-rights and other historical venues for diversity and inclusion, such as trips to Martin Luther King Jr.’s house in Montgomery, Ala., and to see the effects of border-patrol regulations on Latinos in San Antonio.

Orlopp discusses the importance of diversity immersion during this interview with DiversityInc CEO Luke Visconti, as well as her current responsibilities to improve global diversity and inclusion for all employees and Walmart’s plans for increasing accountability for its diversity goals.

Luke Visconti: You’ve been chief diversity officer for a little over a year, with a team of 14 people. What do you track on the diversity part?

Sharon Orlopp: We report once a quarter to the compensation, nominating and governance committee of the board. We track against our diversity-goals program. We look at the applicant pool compared with placements for our field for Walmart and Sam’s Club for quite a few goal positions. We look at representation. Then we look at our good-faith efforts and our mentoring programs.

We meet with key leaders and go through representation, new hires, promotions, departures. We look at the pipeline of management. Women, women from traditionally underrepresented groups, men from traditionally represented groups and total people from traditionally underrepresented groups are some of the typical diversity metrics.

We look at turnover. I am always very interested in women turnover compared with men, and also minority compared to non-minority, to see how we are standing.

Visconti: The organization has changed things over the years. What are your next steps in terms of measurement and what you’re going to do about it?

Orlopp: We are spending a lot of time talking about what’s next for diversity and inclusion. It seems like a lot of chief diversity officers are doing that right now.

We’ve had a program in place for the last eight years. We may move away from good-faith-effort activity, move away from diversity events and activities, and really incorporate diversity and inclusion into each business unit’s strategic plan and then measure against that.

Each business unit has different diversity needs. Each of them is in a different place on their diversity journey. Having them come up with what their specific plan is that links to their business strategy and then measuring against that is what we are looking at for next year. We are trying to flush out the template and how that would work.

Visconti: What specific things would you put in their individual strategic plans?

Orlopp: It would be a combination between quantitative and qualitative. There have to be some quantitative measurements, probably around representation, retention, promotion, etc. Then qualitative measurements would probably be around mentoring, recruitment and other diversity initiatives.

Accountability for Workplace Diversity Gains

Visconti: Since you are just starting, to what degree will you be tracking accountability for accomplishing these goals? Where would that reside?

Orlopp: One of the discussions we want to have is whether there should be both a carrot and a stick. We’ve had just the stick for the last eight years. We want to look at that piece and figure out what pieces are individual versus which are group-unit goals. I think you could do it both ways: have an overall goal and then an individual goal.

Visconti: What kind of stick have you been using in the past, and where do you think you are going to go with the carrot?

Orlopp: In the past, there were two components: the good-faith effort, which includes mentoring two associates and also attending diversity events, and the other component for our field organization, applicant pool versus placements.

We look at the end of each year whether there has been any disciplinary action around inappropriate comments, language, behavior in the workplace. If someone has met their good-faith efforts and attended their diversity events and mentored associates, done all that’s required of them, but their behaviors haven’t demonstrated it, they get marked that development is needed in that area. They can’t pass that performance-evaluation section.

The performance-evaluation accountability is 10 percent. The bonus accountability is up to 15 percent. If people fail to meet their goals on that, then we do both a quantitative review and qualitative review.

Visconti: Can people ask for help if they are not making their goals and they have self-identified?

Orlopp: We have a helpline. We have email access, phone access. The reporting is available all the time. People know where they’re trending.

We do a lot of follow-up. We watch very closely who’s not hitting their metrics and we do one-on-one phone calls. We also reach out to some parts of the organization that may be having concerns.

Visconti: Then you coach them and help them. How deep down is this going in the organization?

Orlopp: It goes all the way down to the assistant managers in our stores and clubs. We track 60,000 people.

On specific turnover in a store, there are HR people out in the field that would probably notice that and call them. We’re looking more for how their good-faith efforts look. All the HR representatives and all the business units pay very close attention to it and are helping drive it and have those discussions.

Visconti: Do you ever get a chance to speak to senior management?

Orlopp: All the time. We meet with them regularly on their metrics. Half of my job is diversity, inclusion; another half is corporate HR. I support five of our CEO Mike Duke’s direct reports. I have regular face time with them. 

Diversity Metrics: Measurable Talent-Development Results

Visconti: What has this discipline resulted in over the years?

Orlopp: We made a lot of progress in talent development in our Walmart stores and Sam’s Clubs. Some examples: When you look at our management-trainee program over the past five years, we’ve put about 12,000 women through that program. It’s entry-level management. Eighty-five-hundred people from traditionally underrepresented groups have gone through a management-trainee program over the last five years.

Walmart has more than 3,000 stores in the United States. Our percentage of female store managers has grown 39 percent in five years. Our percentage of people-of-color store managers has grown 31 percent. Our female assistant managers [percentage] is 47 percent. Those are huge increases on a huge base.

It’s a combination of very strong, strategic recruiting efforts, but a lot of internal development. We’re seeing people being pulled through the talent pipeline.

Last year, our EVP promotions for traditionally underrepresented groups were 100 percent from within. We’re just seeing people moving through the talent pipeline, and the same with entry-level management on up to the various levels of management and in clubs and stores.

Visconti: Do you think that’s changed your sales in the stores? Have you been able to track an effect yet?

Orlopp: We haven’t been able to track an effect. But I think it makes a difference from a customer relevance and from an associate relevance. Our associates are from all over the world, from so many different backgrounds, and the same goes for our customers.

You have to have an associate population that serves them in order to be relevant. We currently don’t have any tracking mechanisms that say because we’re more diverse it’s driven sales up. 

A Family of Advocates 

Visconti: What in your background led you to this job?

Orlopp: When I was growing up in Colorado, my parents were very strong advocates of the civil-rights and women’s-rights movements. When I was 12, they made one of the most purposeful parenting decisions that impacted who I became as a person: They moved us to a neighborhood that was predominantly African American and Hispanic.

I was the only white girl there. We weren’t welcome in the neighborhood. We had our yard set on fire, our home vandalized. My parents had a small landscaping business in the community; it was also vandalized.

Our family lived in that neighborhood for 30 years. I was never afraid, even though all this was going on. I just wanted to make friends.

My parents said whatever you learn socially will far outweigh anything else. I think it made me the person that I am. It made me a champion of diversity. It gave me this internal radar whenever I feel people are being excluded. I feel like I lived through it a little bit. I spent about 25 years supporting this industry. I am comfortable if I’m the only woman in the room, the only white person, the only straight person. You just have to be comfortable with who you are but also be loving and accepting of everybody else.

Diversity Training Through Experiential Learning 

Orlopp: I came here nine years ago. I was head of HR for Sam’s Club and Doug McMillon was the CEO of Sam’s Club. I kept thinking about how I could teach adults about diversity and inclusion. I kept going back to my childhood: My parents immersed me in the situation.

I kept asking how I could give them these “aha” moments or how I can teach them from my heart so that it changes behaviors. I came up with what I call diversity-immersion trips.

Our signature trip was to Montgomery, Ala., for two days. We took the CEO of Sam’s Club, all his leadership team, about 20 to 25 associates, a very diverse group [in position] as well as ethnic, gender and background. We started with the Rosa Parks Museum. We went to the Martin Luther King church, his home where he lived. We went to the Interpretive Center where the voting-rights march was done. Everyone on this trip was incredibly moved. Our CEO came back and said he wanted to put every single Sam’s Club manager through it.

We host two annual large manager meetings, and he said to see if we can do it in Montgomery and let’s go to all the venues.

When we had gone on this tour, we met a young man. He had been 15 in the voting-rights march with his 16-year-old brother. Their parents were sharecroppers. When they returned from the march, they got kicked off the land. The family of five lived in a tent for two and a half years. (At this Interpretive Center, there’s a big plot of land where a lot of families lived in tents since 1965.)

This man came to speak for us at Sam’s Club in Montgomery. We turned the stage into a tent and he showed photos from when his family lived in a tent.

We brought in Morris Dees, the founder of the Southern Poverty Law Center. We did a 90-minute training session about what this trip had been like. Later, we showed that same training program in the home office and broadcasted it to clubs and stores. About 6,000 people went through it.

Every six months we held a different diversity-immersion trip. The next one was on Latino culture. We went to San Antonio and then we went to McAllen, Texas. We worked with the border patrol and they took us to the wall that was being built between Mexico and the United States. Because of labor cost, the wall is being built by people of Mexico to keep people in Mexico out of the United States.

We talked to the people in the community. We talked to our customers. We talked to people who had walls right in their backyard. We went up and felt the wall. That was really powerful and interesting. We had a lot of associates share their personal stories about coming into the country and what they went through.

The third one was around women. We met with Indra Nooyi [chairman and CEO of PepsiCo] and talked to her about her role and raising two daughters.

Then we did a trip to San Francisco around people with disabilities. We went to Lighthouse for the Blind. We went to this place where they make bicycles for people with different disabilities. We all rode different types of bicycles.

That creative approach to helping people understand led me to the path that came here. I want to take it to the next step, whatever that is, but I feel like we have a great story to tell. We still have progress to make, but it’s time to take it to a different level, and that’s what I am excited about.

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R. Fenimore Fisher is the managing partner of the R. Fenimore Fisher Group, a global diversity and inclusion and labor-conflict resolution consultancy firm. Prior to that, Fisher served as vice president of diversity and employment analysis for Wal-Mart Stores and as executive director of the Rev. Jesse Jackson’s Wall Street Project in New York.

In my living room hangs a framed issue of the New York Daily News from March 10, 1965, entitled “Selma March Rolled Back … They Yield to Troopers.” Hurricane Irene left extensive flood and wind damage along its path through the Caribbean, the United States and Canada in 2011. Irene just happened to put in an appearance during the Martin Luther King Jr. National Memorial dedication, the effects of which I began noticing during the civil-rights luncheon. As I listened to individuals such as Martin Luther King III, Julian Bond and Rev. Jesse Jackson, I began to reflect upon that framed newspaper back home in Jersey.

Specific to the topic of how Dr. King’s legacy changed lives, what strikes me the most is not his legacy but his direct actions. The front page of the newspaper has a photograph of Dr. King flanked by Methodist Bishop John Wesley Lord and CORE director James Farmer as they are leading a march fighting for the right to vote. Dr. King’s actions changed the law that changed society. Our lives would be dramatically different if there had not been this very focused approach of combining appealing to people’s consciences along with direct confrontation of an inequitable justice system. While listening to remarks and hearing thunder take over the acoustics of the convention center’s massive hall, I couldn’t help but be reflective. Just after trying to figure out how to handle an earthquake, now we have a hurricane all during the memorial dedication.

Dr. King once said, “An individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for the law.” This has so much application to our lives today. Further, it is the absence of laws such as a national approach to confronting the volatile effects of bullying in schools, a lack of basic cultural competence among our leaders who still make horrific lapses by using blatant stereotypes in remarks and global inequities and persecutions that show us that Dr. King’s model of social justice has significant relevance today.

Many people like to speculate on what Dr. King would be focused on if he were alive today. I won’t do that. I’ll only go as far to say, after glancing again at the picture in the Daily News where Andrew Young is standing protectively in front of Dr. King in Selma, that he would be focused on action that drives us to fight for the most basic of human rights. He built a movement that literally impacted the entire world. He was such an innovator showing us over 50 years ago the power of inclusion. He changed our lives individually by changing the law but also left an imprint on society, showing it how to perform at its best when we view each other through unfiltered lenses.

Read other accounts on Dr. Martin Luther King, Jr.:

Before MLK, None of My Accomplishments Would Have Been Possible
DiversityInc’s Denyse Leslie, senior vice president of consulting, draws a parallel between Dr. King’s firsts (first arrest, first book published, first Black man to win the Nobel Peace Prize) and the firsts of Blacks still alive (or recently deceased) as they live out Dr. King’s vision.

Taking Risks for Your Brothers: The Power of Martin Luther King’s Words
Human-rights activist Raymond Brown learned about the need for humanity from Dr. King.

Civil-Rights Progress: Helping LGBT Youth
GLSEN’s Executive Director Dr. Eliza Byard notes how Dr. King’s message that Black people would eventually reach the promised land is a reminder today that progress, no matter how slow, is crucial.

What Dr. King Really Meant: The Obligation That Benefits Everyone
Why is the business case for diversity a reality and not just a theory? It is directly due to Dr. King and the civil-rights era, explains DiversityInc CEO Luke Visconti.

For more on Black History and the civil-rights movement, read “Discover America′s Black History” and “Re-Centering the History in Black History.”

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Diversity and inclusion at Walmart (class action Phase 2). In early 2011, the U.S. Supreme Court rejected the massive Duke v. Walmart sex-discrimination nationwide class action because it was too large and had too many issues to fit within the class-action rules. The plaintiffs have now amended the complaint to focus only on 90,000 female Walmart employees in California. Duke v. Walmart (N.D. Cal., 2011). Get insight on this case in DiversityInc CEO Luke Visconti’s Ask the White Guy column.

Hostile employment environment cannot exist the moment employment ends. A moment can make a great difference. When a financial adviser submitted her resignation letter, a male manager applauded, grabbed her arm, pushed her out the building door and yelled, “Good riddance, b—-!” She sued for hostile-environment sexual harassment and constructive discharge. The court dismissed the case. There had been no sexually hostile environment prior to the resignation. There had been animosity between the manager and employee, but nothing to constitute sexual harassment. The resignation was triggered by a corporate territory reassignment that affected all advisors. Though the court found the manager’s conduct “reprehensible” and “unacceptable,” it was not actionable. It was impossible for the manager’s conduct to have “altered the employee’s terms or conditions of employment” when it occurred after she resigned. Overly v. Key Bank National Ass’n. (7th Cir., 2011). 

Read more sex-discrimination cases and rulings in Is Going Out for Drinks Sexual Harassment? and Lying About Disability, Covering Up Sexual Harassment & Other Legal Issues.

Age Discrimination: 

Reacting to rumors does not create constructive-discharge case. A 60-year-old hotel sales manager heard rumors that upper management wanted to get rid of her and “hire someone young and cute as sales manager.” In reaction, she submitted a resignation in order to avoid the stigma of being fired. She then sued for age discrimination and constructive discharge. The court found no valid cause of action. The employee had suffered no adverse actions. Constructive discharge requires one to have suffered terrible overt treatment. The employee had not waited to suffer any actions at all. Her preemptive quitting left her with no case, even if she was eventually replaced by a younger person. Fritzpatrick v. Raymond Mgt. Co. (N.D. Ill., 2011). 

Independent audit report overcomes case. A former school-district finance director sued and lost her discrimination case. After several financial improprieties surfaced, the district requested an audit. The auditor’s report found that the director’s department was “dysfunctional” and that she knowingly allowed irregular accounting procedures. The day after the report, the director filed a complaint alleging she was being mistreated because of her age, gender and Chinese national origin. She was fired soon thereafter. She sued, claiming the firing was because of her discrimination complaint and that she was replaced by a younger, white male. The court found that her “last-minute allegations” of discrimination were unconnected to the discharge. The independent auditor had already found ample nondiscriminatory evidence to warrant the discharge. Dellapina v. Tredyffrin/Easttown School Dist. (3rd Cir., 2011).

Disability Discrimination: 

Employers have the right to change duties with changing times and technology. No job is static and employees have no right to hold on to the job description or duties of their original hire. Due to incidents of fraud, Walmart changed its return process from a manual check-off by the greeter to a more complex hand-held scanning device. A greeter was unable to effectively use the new device because of a neurological disorder, which was now an essential function of the job. He requested and was denied the accommodation of going back to the old manual system. He then sued, claiming that he should be entitled to continue the duties he was hired to do and performed well. The court ruled that this argument was “a nonstarter.” The new technology significantly reduced fraud, and any employer may change duties and technology if it can show a valid business reason, in spite of the consequences this may have for some employees unable to make the transition. Walter v. Walmart Stores, Inc. (N.D. Ind., 2011). 

100% requirement is an automatic violation of the ADA. This case is in the “should have known” category. An employee took leave because of prostate surgery. He was cleared to return with restrictions on lifting and standing too long without the opportunity to sit. The company terminated him for being unable to perform 100 percent of the job. The employer should have known better. The ADA regulations and a long line of cases hold that a 100 percent return requirement is a “per se violation” of the law. The whole reasonable-accommodation concept is based on modifications because an employee may not be able to do 100 percent of the duties but can perform the essential functions. The employer should have engaged in the required interactive process to explore accommodations before making any decision. Nolan v. Arkansas (E.D. Pa., 2011). 

Safety evaluation is not a medical examination. The ADA has strict guidelines on medical evaluations. A FedEx employee challenged a field-evaluation safety assessment of hearing, which he failed. The court dismissed the case, finding it was not a medical exam under the ADA. There were no medical personnel involved. The hearing evaluation was done under actual workplace conditions, with a practical assessment of whether the person was able to be effectively safe. There was also a valid reason for the evaluation. The employee had several accidents, apparently because of failure to hear directions, including people yelling loudly that he was driving in the wrong lane. Margharita v. FedEx Express (E.D. NY, 2011).

Bob Gregg, a partner in Boardman & Clark LLP, shares his roundup of diversity-related legal issues. He can be reached at rgregg@boardmanlawfirm.com. For best practices to create inclusive workplaces that reduce discrimination based on sex, age and disability, visit DiversityIncBestPractices.com.

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