A LIMITATION OF CLASS ACTION POWERS…

The United States Supreme Court ruled recently that a group of individuals who felt discriminated against by Wal-Mart could not file a class action against their employer. It was determined that each member of the class had to demonstrate an adverse impact by the organization’s misapplication or violation of a stated policy. Two significant issues addressed by this ruling were:

1) A “class” of employees (female in this case) claiming to have similar skills and abilities as male employees claim they were collectively and intentionally overlooked for promotion (or as a group given less pay if promoted) cannot file a claim “for the whole” without specific data proving such a willful act or violation occurred to each individual within the group.

2) A group of individuals cannot file a class action against an employer without citing a specific policy violation in each individual case.

The ruling does not establish Wal-Mart’s innocence, nor does it say that some individuals were not wrongly treated. It does establish that an individual’s claims must result from an organization’s intentional (or unintentional) documentable actions and identifiable demonstrations of acts that are against stated policy. As an employer advocate, though the action was dismissed on a technicality I would say the court “got it more right than wrong” this time.

The Court DID NOT say an individual having documentable evidence of unfair treatment (proof that pay was different than another having the same set of skills and experience or proof that a disproportionate number of males were promoted than were females having the same set of skills or experience, etc.) could not file against an employer for discrimination. The ruling simply clarified that just because you are a member of a class (female in this case) that worked for an organization (Wal-Mart) you should not be able to join a blanket action claiming discrimination without stating the policy that was violated and demonstrating how that violation impacted your potential.

By eliminating the “class action” component of this case the Court extended the period of relief an individual whom was truly discriminated against will experience should they choose to file an individual action BUT dismissed the “me too” additions whom may not have been negatively impacted by any specific action OTHER THAN being “like” the others within the “class action." It establishes that an individual discriminated against due to the willful violation of an established policy has individual recourse BUT will employers take this ruling as an indicator that it is better to make decisions based on the situation rather than to base them on established policy? What kinds of unfair and unreasonable issues would THAT create? Whatever happened to reasonable management exercising ethical judgment in the administration of fair practices for all employees?

WHAT IS OR WHAT COULD BE...WHICH PERSPECTIVE IS YOURS?

People tend to see things (and other individuals) as they are. We live “in the moment” during our daily lives. We deal with issues and situations as they come up. We resolve conflicts as they occur. We form our opinions and establish our perspectives based on what we see, hear or experience. A phrase originating during my misguided youth (“What you see is what you get!”) appropriately identifies the level of introspection many use to chart their path through life.

What if, rather than seeing “what is” we were to focus more upon “what could be?” What if we stopped seeing individuals “as they are,” instead seeing them as “how they were, what has changed and who might they become?” If we assume that today’s reality is but a temporary bump in the road to an as yet undetermined future RATHER THAN a dead end or a destination – that it is but a sign or indicator of what is to become RATHER THAN a definitive predictor of the future – how much more could be accomplished in our lives?

When we focus upon fixing what we think “is” we tend to react rather than plan. We seek to make situations “go away” rather than trying to identify their root cause. We tend to worry about today more than we do tomorrow. We focus on the obvious reality of the moment rather than considering what once was and projecting that into what could be. When dealing with individuals we do the same thing – we see who a person is (often because of what they did or who chose to be with) but rarely focus on what they COULD BE. When we shut someone out because of what they have done in the past or who they seem to be in the present – removing from them an opportunity to change and grow – do they lose more (due to a loss of opportunity) or do we (because we lost the opportunity to make a difference)?

Refuse to believe that “what you see is what you get.” Today sets the stage for tomorrow – serving as a precursor of what could potentially become a reality NOT a definitive predictor of the future. Today identifies those things that have not yet been brought to fruition – the things that fade quickly into yesterday as we focus upon new tomorrows. Live in “today” only long enough to put it behind you as you move into “tomorrow.” You will be surprised how quickly “the moment” will pass as you live life seeking “what could be!”

A TIME FOR EACH SEASON

There is a time for every season and for every season there is a time. Spring ushers hope into the world – prying life from the icy fingers of winter. Summer is a time to bask in the warmth and to grow – to reach deeply into the ground so we might be able to find nourishment in the soil as we gain strength to weather the coming times. Fall is a time of respite – of preparing for the long cold season ahead as we remember the pace left behind. Winter shrouds us under a cold, dark blanket – curtailing our growth as we seek shelter from the storms.

Harry Chapin sang a tale of life being a circle. He noted that the sun seems to chase the moon from the sky during the daytime while, at night, the sun and moon reverse their roles. We experience new beginnings each day as we chase the circle of life – with false starts and dead ends being either bumps in our road or a terrible end to our progress. We can celebrate the opportunities that lie ahead of us or we can suffer the pain that comes from holding on too tightly to what has gone. We can stand tall against the storms of life or we can hide in the shelter of another’s shadow as we seek to avoid the turmoil. Life is truly a circular reality – one in which all things are possible for they have all been seen and done. It is a reality where nothing is impossible for we will inevitably move.

Embrace opportunity this summer. Reach towards the heavens as you plant your feet firmly on the ground. Do not be deterred by temporary inconvenience nor derailed by unexpected concerns. Every day that we live and breathe is truly a uniquely circular opportunity – the chance to move forward towards new opportunity as we move from the limitations of our present reality. Take the time to prepare for a long winter of reflection after passing through the autumn of rest – knowing that time and space will return you to a season of renewal.

In Michigan – perhaps as in no other place – we can experience all the seasons at one time. Embrace the opportunity to be unique and different as you pass through your seasons for while you may experience other summers – just as you do multiple falls and winters – once passed, you will never experience another exactly like this again.

MEMORIAL DAY...

Memorial Day has become the long weekend that kicks off summer. Children look forward to school ending soon so they can explore new horizons outdoors (hopefully) rather than inside a classroom (though some are already looking forward to returning in the fall to see friends they might not otherwise see). Some (though not all) parents see the weekend as “the beginning of the end” as they must scramble to find qualified caregivers to watch over their children whom are so looking forward to their time off.

Some employees are beginning to plan vacations – time away from both the job and the home – in an effort to “refresh and recharge.” Others are planning their escape from the tight economic times that have surrounded them – seeking a place of sanity (or at least where they can “leave it all behind”). What the private sector has lived through (and from which it is beginning to emerge), the public sector is just now beginning to experience.

The weekend has become a time to do lawn work, spend time on the golf course, swim in a lake – to simply enjoy time off (which began for many at least a day early if you look at the traffic!). With predictions of high temperatures and only light rain, what could be missing from this holiday weekend? ONLY, perhaps, why the Holiday exists!

During your time away this weekend, enjoy your gifts and blessings but make time to thank those who sacrificed much so that we could have what we so often take for granted. Take a moment to honor those who gave their time, their freedom – even their lives – so that we might have a “daily life” from which to escape. Thank someone who lost a loved one so that you might continue to live in this great country or actively support someone currently fighting for the concept of freedom – whether it be through a note or within a prayer.

This weekend, even if just for a moment, be a living memorial to those that have passed before AND those now sacrificing for us. Let us all rightly and appropriately recognize them for all they have given. Reflect upon all that our country stands for – all that you have ONLY because someone else considered it valuable enough to defend.

DREAM BIG

One can only become what he or she perceives as being achievable. If one “dreams big,” great things can happen. If one chooses to live within their present abilities, he or she may never realize the fullness of their potential. When we stretch our goals – reaching for fruit from the highest branches rather than accepting only low hanging fruit – we will taste success far beyond that shared by the masses.

I would guess that few individuals could have imagined the impact a river could have on the landscape prior to the Grand Canyon’s formation. Who would have imagined that the Wright Brother’s first flight could have taken us to where we are today? So many conveniences in life began as a dream but materialized because someone had faith their idea could become reality. If we can work towards a cure for cancer, why do so many find it impossible to find fulfillment in their life’s work?

I have spoken to several individuals recently about career changes – about becoming something they wish to be rather than what they are. The conversation typically focuses on things they do not like about their present job RATHER THAN around those aspects they enjoy. They speak of things they would “rather do” instead of building upon the things they do well. They seek to avoid their weaknesses rather than maximizing their strengths. Should they choose to “run away” from a current situation RATHER THAN running towards a better one, will they ever be truly happy?

Use the talents you were given – leveraging your strengths as you strengthen your weaknesses – and you will never work a day in your life. Dream big – the seemingly insignificant streams that course through your life may take on the power of waterfalls (if only you believe)!

ACT BEFORE YOU FALL...

I recently spoke with an individual ready to pursue additional education so that she could switch fields completely and move as quickly away from her current job situation as possible. While she enjoyed the WORK she did, she did not respect her boss, was disappointed that an excellent co-worker recently left the organization, and felt the Organization’s Board of Directors had “no clue” as to what was happening within the company NOR did anyone care about its future. Her choice was to leave what she enjoyed to seek a greener pasture (as she had done before) – to be as but water over the dam, flowing freely from one situation to the next. Before talking about these issues, however, we talked about several different things when we met.

Her boss (new to the organization) did not have the proven experience or demonstrated ability to do his job. She was so wrapped up in her own feelings and frustrations, however, that she had never asked him how he felt, what he wanted to do (or needed help doing), or where he saw the organization going. She had talked herself into running away from what she liked to do (she liked “the work”) because of things she did not know OR seek to influence (she knew nothing about either her boss’ or the Board’s plans for the organization’s future). She was like a river flowing rapidly along its banks – blindly moving towards a fall from which there would be no return.

We eventually moved her past the rapids into an area of relative calm. She began to examine what she liked about the job (AND the organization), what she disliked, what she would need to see from a different position should she move. Many of the things she was seeking were deeply imbedded within her current position but she had been so busy looking at “what was not” that she lost sight of “what was.” We then discussed what (if anything) she could do to help maximize the “good” things about where she was while minimizing the “bad.”

There are many ways to move from one situation to another – but often we embark upon the most obvious escape route before seeking alternative resolutions. We do not simply draw a line in the sand from which we can begin anew – we call in the heavy equipment to excavate a trench that will isolate us from our situation once we have crossed the line. While such tactics WILL move us forward, they often create pain and close the door on any possibility of returning. Perhaps there are “kinder and gentler ways” to move from a bad situation to a better one than to burn our bridges – no matter how good that might feel in the heat of the moment.

GAMES CHILDREN PLAY...

We learn to play many games as children – unfortunately resulting in us learning as much how to follow as to lead. “Simon Says…” is a game played by many a child where creativity and originality are discouraged in favor of doing exactly what is asked, allowed or permitted. Many lessons in life MAY be learned by doing what we are told but far more can be gained through experience. My wife and I took dance lessons several years ago in preparation for a family wedding and an anniversary cruise where I found myself being told “that is not what we worked on…” or “where did you learn that?” often during the learning process. While the instructor tried diligently to transform me into a graceful instrument of dance, she probably became as frustrated with my asking “Why WON’T this work?” as I was by her saying “You are not yet ready for that!”

“Follow the leader” is another childhood game that discourages individuality in favor of simply blending in with a following throng. There can be only one leader while, by necessity and design, there are a multitude of followers. If you are fortunate enough to “lead”, you can pretty much choose your road to success by deciding where the group will go and how it will get there. If you are among the many followers, however, it is hard to have much say in where you are going because you become too busy watching those ahead of you while trying to stay out of the way of those behind you.

In order to grow and develop we must take the principles of what “Simon says…” by watching to see what works THEN building on the learned concepts by expanding them beyond their original intent. We must “follow the leader” BUT only long enough to learn what direction we are going so we do not become lost when going there. It has been said that one learns all there is to know in life by the end of the kindergarten. While I do not believe this (entirely, I DO feel that paying attention to some of the principles taught through children’s games can help us to overcome many of the challenges and opportunities presented by life as we grow older.

I wonder what “ring around the rosy” or “duck, duck, goose” might teach us if we looked at them from a learning (rather than from a playing) perspective…