Hartford Business Journal

www.HartfordBusiness.com December 21, 2015 • Hartford Business Journal 21 BIZ BOOKS Non-performance miscues that cost professionals their job "Y ou Did What?! — The Biggest Blunders Professionals Make" by Kim Zoller and Kerry Pres- ton (Career Press, $14.99). A recent study by Harvard University revealed that twice as many people lost jobs for "failure to deal successfully and profes- sionally with other people" than for strictly performance-related issues. What causes this failure? Interpersonal communication issues. The issues start with body language because "55 percent of the impression you make is nonverbal." The wrong body language blunts your message. Tips: Maintain- ing eye contact shows that you are devoting attention to the other party. Smiling (even if you fake it, the other party's brain won't realize it) when you talk creates rapport. Pos- ture plays a role, too. When you slouch, you send negative vibes. When you walk, show confidence by having your shoulders back and your chin slightly elevated. When someone stops in your office, standing up to greet them shows respect. Small talk plays a role in making connec- tions and solidifying relationships — as long as you avoid contentious topics like politics, religion, gossip, money (especially compen- sation) and private matters. There are other small talk "don'ts." Don't monopolize the conversation; connection requires two-way communication. Don't interrupt or try to one-up the other party; doing either shows you don't value their viewpoint. Email etiquette comes next. Before clicking send, ask your- self three questions: 1. "What message am I trying to send?" 2. "What is offensive to me?" (Often the things that offend you are likely to offend oth- ers.) 3. "Is the recipient going to understand the meaning of my message?" By answer- ing the questions, you give yourself time to review the message's clarity and ensure you're not sending an emotional response. Reread to proofread, too. Errors in spelling and grammar tell the recipient(s) that you're not paying attention to content. If you're not paying attention, why should they? There's also advice covering dress code, office/cubicle appearance and etiquette for meetings, telephone and travel. While the communications cues and don'ts seem like common sense, keeping them in mind when you interact requires attention. • • • "5 Gears: How to be Present and Pro- ductive When There is Never Enough Time" by Jeremie Kubicek and Steve Cockram (John Wiley & Sons, $25). Picture your life as the driver of a sports car with a five-gear manual transmission. You control all upshifts and downshifts as you start, brake, navigate curves and speed down straightaways. Each gear has a purpose that maximizes engine performance and response in given situations. Each gear also has limitations; when your tachometer approaches redline in a gear, you have to upshift or back off the throttle. With this metaphor in mind, here are the five gears of productivity: 1st. "Learning to recharge" — Always running at full throttle means you'll run out of gas quickly. When you're out of gas, you're out of the race. Introverts and extro - verts have different ways of recharging, but have two in common — getting enough sleep and exercise. 2nd. "Connecting deeply" — Face-to-face interaction deepens every relationship. When you get home, ignore the TV and the iPad and talk with your family. At work, important things should be discussed in person. 3rd. "Why being social matters" — The seeds of business-building are planted in this gear. People prefer doing business with those they like. A social setting high- lights personality. 4th. "Leading in a task world" — Don't fill your day with "reaction action." To become more productive, learn to distinguish progress from busyness. 5th. "In the zone" — When you need to concentrate on a task/project, don't allow inter- ruptions, but remember to recharge your batteries. n Jim Pawlak is a nationally syndicated book reviewer. Jim Pawlak EXPERTS CORNER CT employers must be aware of ban-the-box hiring rules By Dove A. E. Burns C onnecticut employers face a variety of regulations prohibiting them from making inquiries into criminal history at different points throughout the hiring pro- cess. Not only is there a myriad of state regu- lations — there are also prohibitions based upon the city in which an employer operates. All legislation curtailing employers' pre- employment inquiries have made it more dif- ficult for Connecticut employers to walk that fine line between avoiding discrimi- nation against appli- cants and looking out for their compa- ny's best interests. While the Connecti- cut electorate seems eager to overlook criminal history as evidenced by the recent re-election of ex-convict Joseph Ganim as mayor of Bridgeport, employers need to be educated as to the regulations that prohibit pre-employment inquiries. The state of Connecticut adopted legisla- tion preventing public employers from inquir- ing about criminal history at the outset of the application process. Connecticut is currently one of 19 states that have adopted "ban-the-box" legislation designed to offer further employ- ment opportunities to ex-convicts, who make up almost a third of the U.S. population. Behind this push is data collected by the Equal Employment Opportunity Commission (EEOC) noting that 92 percent of employers subjected all or some of their job applicants to criminal background checks, along with research affirming that a criminal record reduces the likelihood of a job callback or offer by nearly 50 percent. Accordingly, the goal of Connecticut's ban- the-box law is to require that employers allow ex-offenders and convicted criminals to dis- play their credentials prior to having to reveal their criminal history, thereby banning a box on the application requiring applicants to pro- vide information on criminal history. Employers constantly face the challenge of competing interests and obligations. This situ- ation highlights one of the more pressing: the apparent conflict between applicants' rights to be free from discrimination resulting from criminal background or credit checks and an employer's obligation to protect its business and keep its employees and clients safe. The National Institute for Occupational Safety and Health reports that, on average, 1.7 million workers are injured each year as a result of workplace violence, and the Nation- al Center for Victims of Crime reported that one of six violent crimes experienced by U.S. residents occur at work. At the same time, however — and despite the role of criminal background checks in trying to prevent such occurrences — the EEOC has taken the position for the last 40 years that the blanket use of criminal history to screen job- seekers creates a disparate impact on minority applicants and thus violates Title VII of the Civil Rights Act of 1964. The disparate impact model does not require that an employer had any intent to discriminate for liability to attach, making these matters difficult to defend. While it is commonly understood in Con- necticut that public employers are prohibited from seeking criminal history on application materials, many employers are not aware that there are municipal restrictions that apply to some Connecticut employers. Hartford pri- vate employers are specifically prohibited from performing background checks prior to a conditional offer of employment. Hartford allows for the applicant to appeal any detri- mental information that is discovered in the background check process. All Connecticut employers seeking information about an applicant's criminal record must, at a minimum, provide clear and conspicuous notice that the applicant is not required to disclose arrests, charges or convictions for which the records have been erased. The notice must define crimi - nal records that are subject to erasure and inform the applicant that erased records will be treated as if the underlying action never occurred. Employers are required to keep criminal history information confidential and confine disclosure to the human resourc- es or decision makers with hiring authority. Tip for Employers 1. Know your city and county laws. The EEOC is actively investigating in this area and is looking to bring lawsuits. Therefore, employers need to keep abreast of this issue and be aware of how future developments can affect their policies and procedures. 2. Eliminate blanket policies and evaluate each applicant individually. Consider factors such as the nature of the job the applicant is seeking, the amount of time that has passed since the offense, and the nature and gravity of the offense. 3. Some industries require employers to obtain criminal conviction histories: health care, education, security and policing are a few. Ensure that you are compliant with state and local laws compelling background checks. 4. Do not reject applicants absent a convic- tion, as arrests are not proof of criminal conduct. 5. Give applicants an opportunity to explain their criminal records before they are rejected. 6. Be prepared to explain what factors you considered and why you reached the decision you did — regardless of the decision you make. n Dove A. E. Burns is a partner at the law firm Goldberg Segalla in Hartford and New York. Dove A. E. Burns ▶ ▶ A recent study by Harvard University revealed that twice as many people lost jobs for 'failure to deal successfully and professionally with other people' than for strictly performance-related issues.

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