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LEGISLATIVE REPORT
By Larry Bourgerie
Legislative Director
Spring 2008
Legislative Report Archive
Spring Legislative Update
For those of you who are movie buffs you may remember the line from The Fly - "be afraid, be very
afraid". That phrase popped into to my head while I was attending the 2008 Annual SHRM Legislative
Conference. As always there is much activity on the Hill in the legislative arena pertaining to HR
issues. SHRM has identified several legislative priorities that should be of great concern to you as
HR Professionals. As HR professionals, we have a responsibility to know what is happening in the
legislative arena. I would go so far as to say it is now a competency required to be an HR
practitioner in the new millennium. I would like to highlight three pieces of legislation and encourage
you to contact your legislators via HR Voice.
Foremost on the list is immigration reform. There are a number of initiatives are being proposed, and
SHRM has been advocating for a system that is effective and pragmatic. There is currently a bill in
the House (H.R. 5515) that reflects SHRM position. It focuses on a federal electronic verification
that would eliminate virtually all of unauthorized employment, protect identity and personal
information of legal workers, and prevent discrimination in the employment process. It also would
eliminate the paper process, making it more efficient and "green".
A second area of concern is recently introduced legislation regarding the ADA. Recent court cases have
attempted to erode the "original intent". A recent hearing on S.3195 and H.R.1881 called for a change
in the definition of the ADA by ELIMINATING THE TERM "SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE
ACTIVITIES AND WOULD FORBID EMPLOYERS FROM CONSIDERING MITIGATING MATTERS SUCH AS CORRECTIVE LENSES OR
MEDICATION." (Here is where the be very afraid comes in.) From a practical perspective, these
proposals would overly expand the number of individuals who qualify for protected class. For example,
it would include those who suffer from headaches or rashes, which are temporary maladies and do not
impact any major life activities. The proposed legislation would also shift the burden of proof to you
as employers, requiring you to prove the employee is not qualified for the position rather than the
employee demonstrating they are qualified. The bottom line on these proposed changes is that it is
more difficult to manage the ADA process and makes it more difficult to focus on those who truly are in
need of assistance and reasonable accommodations.
The third and final piece of legislation that should be on your radar is Workplace Flexibility. This
deals with our old friend FMLA, the original intent of the legislation, and the scope creep that has
occurred with this legislation. A recent survey of SHRM members indicated almost 50% of those surveyed
indicated they had challenges in administering the FMLA. In addition, 39% said they have had to grant
FMLA to those whose requests were not legitimate. The focus of this SHRM effort is to oppose federal
mandates, and restore original intent.
HR Voice is a member benefit that assists you in taking proactive steps toward shaping public policy
affecting the HR profession. SHRM members, through the HR Voice program, can play an instrumental part
in influencing legislation on the national and state levels. To paraphrase Sue Messinger, SHRM
President, it is better to help shape good legislation than to spend your career complying with bad
legislation.
Additional information for these and other legislative initiatives can be found on the SHRM Website
under Governmental Affairs, http://www.shrm.org/government/.
In 2008 make a commitment to get (or stay) involved by contacting your representatives.
You can make a difference when you use your HR VOICE.
Legislative Update Archive
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