Worcester Business Journal

wbjournal.com | August 16, 2021 | Worcester Business Journal 43 The Delta variant continues to drive increased COVID case reports, causing concern for employers seeking to re-establish in-office work as the norm. To safeguard their workforces and to gain some sense of predictability in the unpredictable world of COVID, some employers have adopted vaccine mandates. But can they? 10) Under federal law, they can. The U.S. Depart- ment of Justice found a vaccination mandate does not run afoul of the emergency use authorization of the Food, Drug, and Cosmetic Act, under which each of the COVID vaccines currently are approved. 9) No, really, they can. In May, the Equal Employ- ment Opportunity Commission said anti-discrimina- tion laws don't prohibit vaccine requirements. 8) Courts are on board. In late July, a federal court in Indiana upheld an Indiana University requirement for all faculty, staff, and students to be vaccinated to be on campus for the fall semester. 7) But ... A few important caveats apply. An em- ployer's vaccine mandate must contain disability- or religious-based exceptions. 6) Reasonable accommodations still are required. For those with disability or religious exemptions, employers must offer reasonable ac- commodations, such as the ability to wear a mask at work, to work socially distant from coworkers, and to work modified hours. 5) Don't forget about state law. While Mass. currently does not prohibit vaccine mandates, other states have enacted laws banning consideration of vaccination status as a condition of employment. Employers with multi-state operations need to consider differing state laws. 4) Confidentiality remains critical. An employer may collect proof of vaccination but must safeguard it like any other medical information. 3) Incentives. Employers may offer incentives to employees to be vaccinated, but the incentive cannot be so large as to be considered coercive. 2) Employer vaccination requirements may be the last, best hope. The specter of losing a job may be the, ahem, shot-in-the-arm an individual needs to get a vaccination. 1) But employers must balance other concerns. The impact on employee morale (and, possibly, recruitment) could be significant. For unionized workforces, a vaccination mandate would be a mandatory bargaining subject. Employers will have to consider the circumstance when a high-perform- ing employee refuses to be vaccinated. K N O W H O W How midsize firms can advance ESG 10 1: "T o be a leader, you have to make people want to follow you, and nobody wants to follow someone who doesn't know where he is going." – Joe Namath, former New York Jets quarterback Development of leaders is crucial to an organization, yet oen overlooked or implemented in a haphazard fashion. Here are some things to keep in mind regarding challenges, benefits, and implementation. Recognize obstacles. is will help your human resources department devise solutions such as mentors, coaching, leader-to-leader development, or emotional intelligence development. Institutional obstacles can include limited resources – such as funding and time – points out SHRM. com; lack of top management support; a shortage of learning systems; lack of company commitment or a lack of organizational knowledge on how to implement a leadership development program. Obstacles on the leader's part may include a lack of follow-through; an inability to retain and apply skills learned in changing situations; and generational differences in technology. Bond HR and senior management. ese two need to come together. HR should point out what leadership roles impact business strategy, so the right people can work together to create and implement strategies that work. "HR needs to be across these strategies to help document them, encourage employee buy-in, and support leaders in achieving positive business outcomes," according to eHRDirector.com. Design training around issues. is is great for cash-strapped, midsized companies short on time, says Milton Corsey at the Harvard Business Review. "We worked with a healthcare technology firm that was growing so fast that senior leadership resisted a development program for emerging leaders because of the time commitment. We began the program by focusing on one of their most pressing needs: Removing bottlenecks by giving managers the skills to take charge of projects from their bosses, thereby freeing up senior leaders' time. e investment in leadership development actually freed up more time than it cost." 1 0 T H I NG S I know about... ...Employer vaccine mandates BY ANTHONY SANTIAGO Special to the Worcester Business Journal I ncreased awareness around climate change, racial and social equity issues, and COVID-19 has changed the way companies in Worcester and elsewhere think about environmental, social, and governance issues. is convergence of factors has made ESG a focal point for Massachusetts companies of all sizes. Well-integrated ESG strategies provide real value in helping businesses stay successful in the face of disruption while delivering for the common good of all stakeholders. Consumer pressures also drive companies to focus on ESG. Younger consumers are especially more likely to consider ESG issues when making pur- chasing decisions. According to PwC, over half of all consumers (59%) say a company's purpose and values play an important role in its decision making. Regardless of a company's size and budget, there are ways to develop and implement an informed ESG strategy addressing stakeholder expectations and delivering meaningful outcomes. 1. Identify ESG issues significant to your stakeholders. e most critical component of any ESG strategy is understanding stakeholder perspectives. Businesses should assess and rank issues important to employees, customers, suppliers, investors and other stakehold- ers. As you identify core priorities, keep in mind that some issues – for example, COVID-19, racial equality and climate change – transcend a specific business or industry. 2. Develop a reporting and measure- ment framework. What gets measured gets managed, so it's essential to build a measurement framework around prior- ity issues. Consider consulting popular ESG frameworks and tools to set goals and measure progress, such as the Global Reporting Initiative, Sustainabil- ity Accounting Standards Board, or the World Economic Forum's International Business Council. 3. Take an intersectional approach. As you build an ESG strategy, you'll no- tice many issues are related. For exam- ple, lack of access to housing correlates to intergenerational poverty and racial inequality. If your goal is to drive greater racial equality, affordable housing may be a key pillar of your strategy. 4. Look across your supply chain. Capitalize on opportunities to work with third-party partners on initiatives to create a broader industry impact. Consider how you can empower, and hold accountable, partners along your supply chain. Consider setting goals in the following areas: Energy: Reduce greenhouse gas emissions and work toward net-zero by submitting a science-based target. Look across your operations to identi- fy achievable goals, set a timeline and action plan, and report on progress. Stakeholder relationships: Select vendors, partners and, where possible, customers based on fair labor practices and responsible environmental impact. Diversity, equity & inclusion: Ensure diverse populations have a seat at the table. BofA Global Research found more than 75% of Nasdaq companies don't have a woman, under-represented minority, or LGBTQ+ member on their board. Companies can take meaningful action to address underrepresentation in the workplace by doubling down on transparency and reporting, setting company and supplier diversity goals, enhancing training, and rethinking recruiting. 5. Integrate your ESG strategy across the business. Every business unit can support ESG initiatives, whether it's making a fair labor supplier strategy, investing in sustainable and climate-re- silient infrastructure, sourcing sustain- able energy, or revamping HR policies to increase diverse recruiting, hiring and retention. 6. Look to the power of your people. Even without a large budget for ESG initiatives, you have the power of your people. It's not about the dollar amount, but it is always about action. Anthony Santiago is relationship manager of business banking for Bank of America in Worcester. BY SUSAN SHALHOUB Special to the Worcester Business Journal By Robert Young Robert Young is a partner with Worcester law firm Bowditch and Dewey, helping clients navigate complex labor and employment issues. T R A I N I N G L E A D E R S W W W

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