Northern Virginia SHRM | May 2016

In This Issue
Upcomi ng Events
HR Jobs
Legi s l a ti ve Al ert
SHRM Semi na r Di s count
Soci a l Medi a i n the
Workpl a ce
HR Li bra ry
2016 Spons ors hi p
Opportuni ti es
Vol unteer for NOVA SHRM

Upcoming Events

HR Jobs
Employee Happiness Coordinator - TCG, May 5 - Washinton, DC
Employee Happiness Associate - TCG, May 5 - Washington, DC
Pension Administration Analyst - Northrop Grumman, May 5 - Falls Church, VA
Human Resources Onboarding Specialist - Advance Health, May 5 - Chantilly, VA
Associate HR Business Partner - Nonprofit HR, May 5 - Washington, DC
Leadership Development Specialist - Northrop Grumman, May 5 - Falls Church, VA
HR Generalist - Rapid Advance, April 28 - Bethesda, MD
Workforce Management and Planning Leader - CGI Federal, April 28, Fairfax, VA
Human Resources Manager - Securitas, April 28 - Annandale, VA
HR Generalist Strategic Business Partner - Boeing, April 25 - Fairfax, VA
Manager of Organizational Effectiveness - Northrop Grumman, April 17 Falls Church, VA

Read More

Legislative Alert
This Legislative Alert is brought to you by Lawrence P. Postal, Vice President for Legislative
Affairs, Northern Virginia SHRM, and partner at Seyfarth Shaw, LLP.

May 24
New Member Orientation
Location: Ga nnett/TEGNA
Time: 5:00pm
Register Now

May 24
Chapter Meeting
Social Media in the Workplace
Speaker: Stephen Stern
Location: Ga nnett/TEGNA
Time: 5:30pm
Register Now

June 28
Chapter Meeting
LBGT (Lesbian, Gay, Bisexual,
Transgender) Diversity and
Sensitivity in the Workplace
Speaker: Sta n Ki mer
Location: Ga nnett/TEGNA
Time: 5:30pm
Register Now

Transgender Bathroom Access; Second Circuit Court Holds HR Director is

Individually the "Employer"; Department of Labor Issues Final Persuader Rule
Fourth Circuit Holds that Title IX Protects Transgender Student's Right to Use
Men's Restroom Consistent With the Student's Gender Identity; NLRB
Continues To Invalidate Employer Workplace Rules Which The NLRB Views As
Prohibiting Employees From Being Critical Of Their Employer
Fourth Circuit Holds that Title IX Protects Transgender Student's Right to Use Men's Restroom
Consistent With the Student's Gender Identity
The United States Court of Appeals For The Fourth Circuit (which includes Maryland, Virginia, and the
Carolinas) has become the first federal circuit to weigh in on bathroom access for transgender students.
In G.G. v. Gloucester County School Board, Case No. 15-2056, the Fourth Circuit held that deference
should be given to U.S. Department of Education ("DOE") guidance which directs that schools must treat
transgender students consistent with their gender identity if schools designate separate bathroom
facilities on the basis of "sex" as authorized by Title IX regulation at 34 C.F.R. 106.33. Since Title IX
applies to educational institutions generally, the impact of G.G. applies not only to public schools but
also to colleges, universities, and private schools that are recipients of federal financial assistance.
This ruling thus places federal jurisprudence in direct opposition to the bathroom bills that have passed
or been proposed in some states.
Case Background

2016 Board
Members

Mi chel l e Sta l na ker, MA, SHRMSCP, SPHR

Pres i dent

G.G., a high school junior, is a transgender boy. His sex assigned at birth is female, but his gender
identity is male. G.G. has been diagnosed with gender dysphoria, a medical condition "characterized by
clinically significant distress caused by an incongruence between a person's gender identity and the
person's birth-assigned sex." G.G. has undergone hormone therapy and legally changed his name to a
traditionally male name. Consistent with predominating medical standards of care for transgender
minors, G.G. has not undergone sex reassignment surgery.
During G.G.'s sophomore year, he informed the administration of Gloucester High School that he was
transgender. He was subsequently permitted to use the men's restroom. He used the restroom without
incident for almost two months. After interest and input from some community members, the
Gloucester County School Board revised its policy to limit the use of restroom and locker room facilities
to "the corresponding biological genders," and supplied a gender-neutral restroom for transgender
students.
G.G. sued for gender discrimination under Title IX and the Equal Protection Clause and requested a
preliminary injunction allowing him to use the bathroom aligning with his gender identity. G.G. alleged

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Our Sponsors

Sha ri fa Gomez, PHR, SHRM-CP,

CHRL
Executi ve Di rector

that being required to use the women's restroom caused negative reactions from other students,
severe psychological distress, disruption of treatment for gender dysphoria, stigmatization, and
medical conditions arising from avoidance of use of restroom facilities at school. G.G. further alleged
that he could not use the new unisex restrooms because they made him "feel even more stigmatized"
and that being "required to use the separate restrooms sets him apart from his peers, and serves as a
daily reminder that the school views him as 'different'."
The District Court for the Eastern District of Virginia dismissed G.G.'s Title IX claim, holding that Title IX
prohibits discrimination on the basis of biological sex and not on the basis of other concepts such as
gender, gender identity, or sexual orientation. The court also denied his request for a preliminary
injunction. G.G. appealed to the Fourth Circuit.

Mi mi Shi eh, SHRM-CP, PHR

Di rector

Read More

Northern Virginia SHRM Members Receive $200 Off SHRM Seminars

SHRM, in partnership with Northern Virginia SHRM, is hosting more than twenty-five competencybased HR education programs at SHRM HQ in Alexandria, VA this spring. SHRM Seminars are designed to
address the key functions and competencies required to operate effectively as an HR professional.
Invest in a SHRM Seminar to:
La uren Forga ch
Co-VP Progra ms

Advance your education in key HR knowledge, competencies and best practices

Network with other HR professionals
Learn from subject-matter expert instructors
Earn recertification credits for SHRM-CP/SHRM-SCP and other HR credentials
Visit shrm.org/seminars/novashrm and enter code 16SEMALEX* to receive $200 off your SHRM Seminar
registration at SHRM HQ.

Ka t Bender
Co-VP Progra ms

*Restrictions apply. Visit shrm.org/seminars/novashrm for more information.

Social Media in the Workplace

This article is brought to you by Stephen Stern. Stephen will speaking about Social Media in the
Workplace at our upcoming Chapter Meeting on May 24.

Social Media in the Workplace

Ja net Nguyen, MA, SHRM-CP,

SPHR
VP Profes s i ona l Devel opment
Ma ry Ki ts on, PHR
VP Mentori ng

Scott Donnel l y, SPHR

VP Members hi p

Despite many benefits social media offers companies, many risks arise when
employees utilize these tools. For example, employees may make comments that
bring negative publicity to the company. In addition, there is potential liability for
discrimination, defamation, invasion of privacy, unlawful harassment,
misappropriating trade secrets and other confidential information, and retaliation, among other things.
Employees also may claim they own social media accounts or the content of such accounts that are
business related, and engage in forms of unfair competition. These intellectual property and unfair
competition issues alone are varied and complex, with relatively little precedent to guide companies.
To help manage these risks, a company should implement an effective social media policy and educate
its employees on the parameters of the policy.
You can learn more about managing the risks of social media at the Northern Virginia SHRM chapter
meeting on May 24. By attending this session, participants should be able to (1) identify social media,
(2) identify ways in which social media can undermine a company's reputation, (3) identify ways in
which social media can expose a company to potential liability, (4) identify ways in which social media
accounts and intellectual property may be at risk, and (5) analyze how to develop policies that help
reduce the risks associated with the use of social media.

HR Library & Important News

La rry Pos ta l
VP Legi s l a ti ve Affa i rs

Li nds a y Mui rhea d, SHRM-CP,

PHR
Co-VP SIGs

Overtime Overhaul: Review Proposed Changes

Now Before Final Rule Announced
Overtime rule expected to be costly

To 'Friend' or Not to 'Friend'?

Should HR professionals connect with employees
on Facebook?

As HR professionals wait anxiously for the release

of the U.S. Department of Labor's (DOL's) final
changes to the overtime exemptions, it's
becoming clear that the new rule will cost many
employers a lot of money. But the revised
standard also will create an opportunity for HR to
correct some past mistakes.

For HR professionals, "friending" employees on

Facebook or connecting on other social media
sites is far from a simple decision.

Employers will spend $592.7 million to comply

with the new rule, the DOL estimated, saying that
each of the 7.4 million affected establishments
will need one hour to get up to speed on the
changes. The department calculated that it will
cost $254.5 million for businesses to become
familiar with the regulation; $160.1 million to
make necessary adjustments; and $178.1 million

That's what Chelsea Wheeler discovered after

she posed the question "Do any of you accept
friend requests on social media from
employees?" to the HR Department of One group
on SHRM Connect, the Society for Human
Resource Management's online community.
In an interview with SHRM Online, Wheeler, HR
director at Cuisine Unlimited in Salt Lake City,
said, "I was prompted [to pose the question] by
the recent friend requests I was getting from
employees at the company I work for. I've been

Ronda Hetters on
Co-VP SIGs

make necessary adjustments; and $178.1 million

in managerial costs.
"If you can do this in an hour, I might be calling
you," joked Alfred Robinson Jr., an attorney with
Ogletree Deakins in Washington, D.C., and a
former acting administrator of the department's
Wage and Hour Division.

Emi l y Ames
VP Certi fi ca ti on

employees at the company I work for. I've been

building good rapport with many of them, and
now they've been requesting me on Facebook.
My gut told me it was not a good idea to accept
their friend requests, but I wanted insight from
fellow HR professionals."
That insight varied.

In addition, the net transfer from employers to

workers will be $1.48 billion, the DOL estimated,
with $1.39 billion of that resulting in more
overtime compensation or increased salaries,

Some said it was OK to accept friend requests

from employees but to "tread lightly." Others
said it's better to invite those employees to
connect on LinkedIn instead because that

Robinson said.

platform is more professional. Concerns about

connecting on Facebook-and retaining those
connections after a promotion-ranged from
finding out too much information about
employees to being accused of favoritism or
impropriety.

Read More

Bri a n Di ema r, GBDS

VP Ma rketi ng & Publ i c
Rel a ti ons

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2016 Sponsorship Opportunities Available

Northern Virginia SHRM has sponsorship opportunities available for 2016. Sponsorships are a great way
to promote your organization and reach a large audience of human resources professionals.
Sponsorship opportunities include monthly meetings, newsletter and website packages, as well as a
mastered combo package. For more information on becoming a sponsor, visit our website.
Ja ni ne Onori o
Di rector SHRM Founda ti on

Northern Virginia SHRM would love to talk to you about becoming a sponsor! For more information,
contact Sharifa Gomez, Executive Director, at novashrmexecutivedirector@gmail.com or Brian Diemar,
VP of Marketing & Public Relations, at novashrmsponsorship@gmail.com.

Volunteer for Northern Virginia SHRM

Ca ryn Perrel l i , SPHR, SHRMSCP
Trea s urer

The Northern Virginia SHRM Chapter offers all members the opportunity to grow professionally and
network informally with fellow Chapter members by volunteering with the Board, participating in
standing committees, and/or assisting with special projects. Volunteer involvement with NOVA SHRM
entails both short- and long-term commitments on a variety of assignments, requiring varying amounts
of time, depending on your schedule and availability. Join a fun, vibrant group and let us know if you
are looking for opportunities to contribute!
We are recruiting for the following board positions:

Emi l y Dors ey
Secreta ry

President-Elect
Leader, Strategic Planning
Newsletter Editor
Vice President, Diversity
Click here for job descriptions and more information.
Interested in applying? If you've got the talent and interest to succeed in any of these roles, please
send your resume and brief statement of interest to Sharifa Gomez, Executive Director
at novashrmexecutivedirector@gmail.com.

Rena e Ba rl i eb
Soci a l Medi a Stra tegi s t

I hope you enjoyed the latest edition of our monthly newsletter. Please contact me at
novashrm.newsletter@gmail.com to provide feedback and comments, to submit an article, or to
sponsor the next issue of The Pulse.
Sincerely,

Sha un Corney, MA, SHRM-CP,

PHR
Uni vers i ty Rel a ti ons Cha i r

Drema McCoy, MBA, SHRM-CP,

PHR
News l etter Edi tor

Drema McCoy, MBA, SHRM-CP, PHR

Newsletter Editor
Northern Virginia SHRM

Kel l y Vi l s ki
Cha pter Admi ni s tra tor

RJ Lewi s
Di gi ta l Content
Admi ni s tra tor

NOVA SHRM | novashrm.newsletter@gmail.com | http://www.novashrm.org

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Copyright 2016. All Rights Reserved.