The Center for Work Life Law released a new report that I believe will blow the lid off the work life balance debate in corporate America.

Corporate chiefs who take a gander at this report might be more inclined to explore flexible working arrangements, consider a shift in their workplace culture, and perhaps lend a more open ear to the needs of workers who are caregivers – or face the consequences of litigation. It might benefit big business to boost its awareness of work life effectiveness initiatives which some companies are taking very seriously. And for good reason.

“Family Responsibilities Discrimination: Litigation Update”

The Center’s report found that employment discrimination cases filed by people [workers] who care for family members has quadrupled over the last decade. These are known as “FRD” cases. The plaintiffs maintained that despite good performance, they were judged by employers who made decisions as to how they would perform, based on personal family challenges. Because of that  judgment, according to the report “They [workers] may be rejected for hire, passed over for promotion, demoted, harassed, or terminated.”

The Wake-up Call

This should be a HUGE wake-up call for employers to seriously consider workplace flexibility strategies. Not only because some of these plaintiffs are winning their cases, but because the culture of the workplace is changing at an exponential rate in any event. Time to get on the train. Here’s why, and this is nothing new:

1. We’re a global 24/7 global marketplace
2. Women comprise more than half the workforce and are often taking on one caregiving role or another
3. Men are taking on more caregiving responsibilities
4. Boomers will remain in workforce for longer period of time due to the economic meltdown
5. People in general are living longer which means that employees might be taking care of children and aging parents at the same time

Here are some highlights from the Center’s report which reflect our changing world:

•    Employees prevail in almost half of the cases, far more frequently than in other types of employment cases.
•    Verdicts and settlements in family responsibilities discrimination cases average over $500,000.
•    Cases have arisen in every state, in every industry, and at every level in organizations.
•    Employers of all sizes have been sued, from small start-up companies to large multi-national corporations.

NPR’s Jennifer Ludden did an insightful and moving feature on the report and it’s implications which you can listen to here: More Workers Alleging Bias Against Caregivers. (full disclosure, I’m a contributor to NPR)

How significant is this report? Is it a harbinger of things to come or will companies shrug it off? Can they afford to? Please share your thoughts.

I flew into Chicago yesterday on a crack of dawn flight from New York. With only 3 hours of sleep, as I had anchored the 10 pm show @News12 Long Island, I landed at O’Hare exhausted – but with more enthusiasm than I’ve had in years. And after reading Alexandra Levit’s Water Cooler Wisdom blog, it’s clear why I’m a bundle of joy and energy.

#SOBCON 2010

I’m in Chi-Town to participate in the #SOBCON social media intensive, “a think tank where the virtual meets concrete” and I see it as the harbinger of things to come, breathing new life into my work life experience. It’s an effort toward expanding my skills as a blogger and journalist while keeping my foot in the world of news. In her blog post, Alexandra shares thoughts on the consequences and benefits of how we spend our intellectual energy:

“Did you know that people get physically tired because of emotional factors such as boredom, frustration, and anxiety? True intellectual stimulation, on the other hand, doesn’t exhaust us at all. …I could write nonstop for 8 hours and then run a 5K immediately afterwards, yet after spending a few hours at my corporate job I could barely drag myself to the train station….

In today’s business world, compelling work is sometimes in short supply… If your work is getting you down, look for ways to expand your skills and responsibilities and communicate actively with your managers about how and where you can lend your expertise.”

Free Agents in the same boat

This same guidance goes for entrepreneurs, freelancers, and independent contractors. While such  “free agents” are often doing what they prefer in their careers, the mundane chores of “doing business” generally set in. What does it take to go to the next level in business, your career, or job? Alexandra makes some great points in her post which include volunteering, taking a personal development or leadership course, contributing a new process to your company toward more efficiency and finally – changing your attitude toward your job. Approaching your job with the enthusiasm of your first day at a new job.

Igniting joy and injecting serenity into your working experience

The last one got me going. Not just because of shining a fresh new set of eyes on ones career, but because of the “joy” factor. Is there a sense of joy in your work that you have overlooked? Are there certain responsibilities at your job or in your career that you take for granted? You might be skilled at something that gives you a sense of purpose and passion at work that to others, is not enthralling. Do you like to write, create graphics, or enjoy working with customers. Perhaps there are colleagues that make the daily grind a little better. Maybe it’s your commute or the freedom to have more work life flexibility. How can we look at our work through a different lens, and inject some “serenity” into our work life merge? Sometimes we walk past happiness without noticing it. One of my favorite poems from Rumi comes to mind:

The Guest House:

This being human is a guest house. Every morning a new arrival.

A joy, a depression, a meanness, some momentary awareness comes as an unexpected visitor.

Welcome and entertain them all! Even if they’re a crowd of sorrows, who violently sweep your house empty of its furniture, still, treat each guest honorably. He may be clearing you out for some new delight.

The dark thought, the shame, the malice, meet them at the door laughing, and invite them in.

Be grateful for whoever comes, because each has been sent as a guide from beyond. ~ Rumi ~

In a our new competitive 24/7 economy, are you overlooking the good in the shadow of the mundane or chaos? Please share!

There’s a flood of work life news this week. First, check out the new report on work/family conflict from the Center for American Progress and the Center for WorkLife Law. You will find the results rather shocking and disturbing. I think this report , The Three Faces of Work-Family Conflict: The Poor, the Professionals, and the Missing Middle sets stage for some hardcore discussion in Washington about work life legislation.

It’s a topic that the National Association of Mothers’ Centers has been studying for more than three decades. In this webisode you’ll hear from Dana Friedman Ed.D. who weighed in on work life issues at a recent panel hosted by NAMC.

And in an effort to jump start a new narrative on work life issues,  Fem 2.0 launched a new blog radio series this week,  which covers an enormous amount of ground on work life from every angle. From men and women – to big business – to elderly care – to flexibility -  it’s comprehensive, and I’m looking forward to participating this week. Click here for the agenda.

For me personally, the work life news this week coincides with a very important anniversary in my work/life existence. 20 years ago I covered the Avianca plane crash on Long Island. Thinking back it was the first significant memory of how intense the work life merge can be when crisis strikes. It prepared me for future chaotic episodes, such as Hurricane Andrew and 9/11,  but also, it reminded me that I’m a human being – first. You’ll hear more in this week’s episode along with details on this undercurrent of dialogue on work life issues that’s bound to gain some ground in the media this week.

The work life terrain of 2009 was like riding a jeep through the Sahara Desert and running into an oasis. Problem is we don’t know if that well, will spring eternal in leading to real progress toward a healthier work life culture.

We began with President Obama’s post-election celebratory Hawaiian vacation  - work life integration – beachside. He and First Lady Michelle made working families a top priority upon their entry to the White House. There were some good moments; but will they take root?

Recession,  a new American president, record high unemployment, women now at half the workforce and health care reform.  An instant visual for a year that thrust the concept of work life balance into the headlines, while dismantling the very idea that such a dynamic even exists.

With layoffs abound, women picked up numbers in the workforce, careers were contemplated, workplace conditions questioned, and the intersection of the working and living experience was put under a microscope. Here are the stories that WorkLifeNation.com considers some of the more influential work life stories of 2009.

1. The Obama Administration takes on Work and Families: The president appoints Vice President Joe Biden to chair the White House Task Force on Middle Class Working Families. (click here for details) First Lady Michelle Obama takes down the house while speaking at an annual meeting for Corporate Voices for Working Families. Check out Rachel Swarns NYT’s article: First Lady Promotes Aid for Working Families.

2. The Work Life Gender Gap Narrows: Data from the Families and Work Institute, found that men’s work-life conflict has increased significantly from 34% in 1977 to 45% in 2008. A September Adecco Group North America’s American Workplace Insights Survey offers some recent insight. It found one in four working dads were working longer hours/took a second job to keep up with economic pressure.

3. Lilly Ledbetter Fair Pay Act of 2009: President Obama signed his first piece of legislation designed to fight discriminatory pay practices. Check out the historic signing. But keep in mind that women still make 78 cents for every dollar men earn.

4. The Shriver Report: A Woman’s Nation Changes Everything: In an economy stripped of jobs, women become half of the work force and an emerging economic force to be reckoned with. This report by Maria Shriver and the Center for American Progress calls for new policies and practices as this monumental transformational shift quakes through our work life culture and economy in general.

5. Edward M. Kennedy Serve America Act: Expanded service opportunities for people of all ages. It created funding to support non-profit service programs such as AmeriCorps. It also established Serve America and Encore fellowships. Encore Careers take the limelight as experienced, skilled boomers, reinvent their careers with purpose in the second half of their lives, becoming a force for social change.

6. U.S. lags other rich countries in supporting working families: Researchers at Harvard and McGill Universities found that the U.S. falls behind other Nations on paid sick days, paid paternal leave, breastfeeding, other worker supports. Findings published in a new book: Raising the Global Floor: Dismantling the Myth that We Can’t Afford Good Working Conditions for Everyone.

7. Work Life Flexibility, The New Normal: Workplace Flexibility 2010, a research entity at Georgetown University Law Center releases its Public Policy Platform for Flexible Work Arrangements. It spurs a litany of public discourse and debate in the media about the benefits of FWA.

8. The Digital Work Life Native: International outsourcing and placement company Kelly Services releases the Kelly Global Workforce Index. The study finds technology such as laptops and mobile devices have improved work life balance, productivity and engagement. On the flip side you’ll find studies that somewhat refute this, claiming technology can lead to sensory overload.

9. The Multi-Generational Workforce: Our generational melting pot  turns big business on its ear – or does it? MetLife’s Employee Engagement study indicates it has an upside. And check out this article from a series on the topic from The Sloan Center on Aging and Work at Boston College:  Staying “Age-Responsive” in a Climate of New Organizational Challenges. Also, Penelope Trunk’s post for Time: What Gen Y Really Wants.

10. H1N1 and The State of Health in the American Workforce: The Families and Work Institute report reveals a decline in the health of the American workforce. Criteria for an “effective workplace” emerges from this report and conversation heads to Capitol Hill for hearings. H1N1 triggers a closer look at family leave, the Healthy Families Act, and Family Leave Insurance Act.

After being passed over twice for a promotion, a friend wrote a detailed missive to her boss which extolled the value of her skills and contribution. Demonstrating her worth consequently paid off with a promotion and a better work life experience. It gave her peace of mind, reduced her work life stress and gave her the confidence to buy that new car she needed.

In a shaky job market, it was a courageous move. But it was less about the promotion for her, than it was about respect. Prior attempts for promotion fell on deaf ears. They were were quelled with “we’ll consider it” or were dismissed with a “you’re fortunate to be working” attitude. Not a great way to foster respect, trust or boost morale in the workplace.

Climate of Respect and Trust at Work

In a recent study by the Families and Work Institute, The State of Health in the American Workplace: Does having an effective workplace matter? a “Climate of respect and trust” is one of six criteria of effective workplaces. FWI lists the elements which make up that particular”climate” from the employees point of view.

1. I trust what our managers say.
2. My managers deal ethically with employees and clients.
3. My managers seek new information and ideas from employees.

In its research, FWI partially defines an “effective workplace” as one which recognizes that employees are an “organization’s greatest resource.” It stands to reason that a “Climate of respect and trust” is a vital building block for an effective workplace. The FWI found that such a climate was a factor in employee engagement and job satisfaction, but there was also a work life or well-being outcome:

“Employees who experienced a climate of respect at work are more likely to report that their jobs give them more energy for their life at home.”

Throughout the FWI report, the workplace health concerns are broken down with a number of questions that examine the different experiences of men and women at work, but the criteria listed for an effective workplace apply to both genders. Men and women see these issues through different lens’, but ultimately, we’re all human beings at work which triggered some thoughts about The Shriver Report.

The Influence of the Shriver Report

The call for respect, trust, dignity and equality in the workplace  has been front and center due to the widespread media exposure of  The Shriver report:  A Woman’s Nation Changes Everything, which was done in association with the Center for American Progress.

The report demonstrates the swinging of the workforce pendulum as women are half of the workforce. The essays (written by both men and women) effuse with mounting conviction, that corporate America and society in general must wake up to the fact that more women in the workforce brings with it the following:

1. Building momentum for pay equity
2. Building momentum for more women in senior management positions
3. Building momentum for better work life effectiveness initiatives like workplace flexibility, family leave, workplace stress reduction, time management, & elder and child care programs

Attention to all of these items are money in the back toward a “Climate of respect and trust” at work. Consciously bringing more awareness to these concerns raises the bar on the conversation and the Shriver Report did indeed do that. It’s probably one of the most important documents to trigger conversation in my lifetime on work life issues. But the last item should send up a big red flag. “Work Life Effectiveness” needs to be looked upon as gender neutral to elevate the dialogue and consciousness around work life issues – thus leading to more respect and trust in the workplace.

The Question of Feminism

I was brought up as a feminist; but to fearlessly tackle injustice, no matter the gender of the humanity pool at risk. One can argue that due to working women often taking on the lead role of family caregiver, and this sudden shift of women being half the workforce, we can expect to see a tsunami of ideas, initiatives and even legislation. But I suggest taking it a step further.

Business and corporate America in general needs to be galvanized at a deeper level with regard to the treatment of human beings at work; the human capital quotient of the business machine. That means tackling work life effectiveness across the board making it gender-neutral.

(Disclaimer: That’s not to say that some work life concerns are not specifically gender related; for example, breastfeeding/lactation rooms etc. And check out this research from the Sloan Work and Family Research Network; Opportunities for Policy Leadership on Fathers.)

Making work life effectiveness a gender-neutral concern brings a dynamic twist to a conversation that has, for too long, stayed in the ladies room. It’s about a climate of respect and trust at work; an area in desperate need of evolution. But it’s not just a female issue, it’s a human one.

The most valuable commodities are no longer just money or time; more specifically, it’s your attention. And in a workplace that is overloaded with stimulation, as we morph into digital natives, employers face daily new hurdles to engage an employees attention.

Part of the challenges are mounting health care issues leading to stress in the workplace. As we recognize National Work & Family Month, workplace wellness is grabbing headlines. Congress is turning up the heat on the health care debate and H1N1 is boiling up a storm on the front burner. If an employee is not well, their attention will be diverted and they’re just not going to perform as well. Common sense.

The Wellness of the American Workforce – NOT!

In a recent report from the Families and Work Institute on the State of the American Workforce, data shows the health of the employed American worker is spiraling downward.

• Only 28% of employees today report that their overall health is “excellent,” down from 34% just six years ago
• Two-thirds of the American workforce is overweight
• 41% of employees report experiencing three or more indicators of stress
• One in three employees experiences one or more symptoms of clinical depression

The report calls for reform in creating more “effective workplaces” which is based on six measurable criteria. The findings indicate that a more effective workplace makes a difference for an employees health and well being. Kathie Lingle, Executive Director of the Alliance for Work-Life Progress echoes this idea in a recent article on The Huffington Post, “Seven Ways you Can Win the Battle to Control Your Own Life:”

“Workers should use this time to take steps to strengthen their physical, mental and financial health. Companies, meanwhile, should take stock of their management strategies in order to maintain productivity and alleviate the burden on their employees.”

In our 24/7 economically challenged environment, workplace wellness initiatives aren’t carrying enough weight even in the face of the healthcare debate. Such workplace wellness initiatives like nutritional counseling, financial advising and programs like flextime and shorter work weeks are too often seen as “perks” as opposed to long term strategies. But only sustainable long term programs will act as incentives toward changing behavior, leading to healthier more attentive and engaged workers.

How do you measure wellness?

This conversation is not given the airtime it deserves and the overarching quandary seems to be metrics, even with non-profits like the Families and Work Institute, Alliance for Work-Life Progress and Corporate Voices for Working Families leading the charge. Companies want the hard figures to reflect in their spread sheets which makes quantifying. Wellness programs must yield financial benefits.

When employee attention is diverted due to health issues and/or stress, both employers and employees end up losing. Solution? More emphasis on wellness programs at work. Not just the fluffy on-site gym kind, but behavioral and environmental modification.

Changing Behavior @ Work

Changing behavior is an uphill battle unless you have buy-in and participation from employees and employers. As we are living with an “attention crash” mentality, we’ve got to first understand the value of that attention. Rick Jarow Ph.D is a Vasser College professor and one of my cherished mentors in everything work-life who is a progressive career counseling. Here’s what he shared recently on his thoughts of attention:

“Your greatest asset is attention. Everyone is vying to control your attention because that’s what creates reality. Where ever you place your attention is where your life will expand. Engage it.”

Many companies are educating their employees and offering wellness programs, but how serious are they about follow-through and quantifying the results? If companies do not offer the experience in an appetizing way, modify the programs, and create a wellness culture in an organization – a new model of workplace wellness, health and employee engagement will not emerge. (Please check out Maggie Jackson’s Balancing Act post in the Boston Globe for more on this including a success story)

Bringing attention to workplace wellness is a prerequisite to fostering changes in behavior. An evolution of sorts is called for. But how can we ignite the interest of the employer and engage workers long enough to capture their attention? Oddly enough, thoughts on this poured into my head at a recent public discourse on online marketing hosted by the Center for Communication at The New School in NYC.

The conversation focused on competitive marketing in a digital age. But whether you’re marketing a new product or workplace wellness – you’re still vying for attention. Here’s what digital visionary Mark Ghuneim, CEO of Wiredset, said at the discussion with media business guru Jack Myers (Jack Myers Media Business Report & MediaVillage.com)

“How do you engage? You can change behavior – based on engagement.”

Mr. Ghuneim gave the example of a recent YouTube video which shows how people better engage when they are enjoying an experience. It’s part of a site called TheFunTheory.com, an initiative of Volkswagon. Here’s the idea:

Something simple and fun is the easiest way to change people’s behavior for the better. Be it for yourself, for the environment, or for something entirely different, the only thing that matters is that it’s change for the better.

When employees engage in an experience they enjoy – perhaps they’ll be more likely to change their behavior. It might sounds simple but the video is telling. In the interest of stress reduction and workplace wellness, perhaps we can start with a healthy dose of fun and serenity. Enjoy!

Having recently come into the scholarly work of CV Harquail Ph.D, (@cvharquail) a leading voice on Organizational Leadership  at AuthenticOrganizations.com, I’ve been watching, reading and stretching my mind on many fronts – including the topic of women-at-work. A few days ago she pointed me to Fem 2.0 where a “blog carnival” is taking place posing the question, “what is considered gainful employment” in the 21st century. 

Thoughts flooded my brain when I considered what constitutes gainful employment for women. First thought best thought. It is the individual’s business to discern what constitutes work or what I prefer to term – vocation – in our 24/7 world for anyone; male or female. 

To me, gainful employment means right livelihood; working with purpose, passion and profit on a meaningful career trajectory guided by ones own unique skills, desires and voice. It’s not an easy task in a time when career expansion can fall victim to the reality of having to stay in a job you hate – to pay the bills. Thus, more than ever, there is a desperate need for the woman’s voice now, to tackle work life concerns and traditional stereotypes of the 9-5 job structure, if only to make it more bearable.

I’m not going to make a blanket statement saying that our voices have been irrevocably quelled by fear in this lousy economy – but some have. With soaring unemployment, the largest percentage of layoffs impacting men, and the tightening job market – keeping a job seems to have become paramount for women – depending on which news article you’re reading.

Work/Life flexibility is embraced by progressive companies which understand that their current labor pool is dwindling (both male and female) and that they need to attract more female workers who now make up 46 % of the workforce. But a flexible working model is not always seen as the Great White Knight, which with its sword, can tear down walls of gender bias toward better attraction and retention of skilled employees. Flexibility is instead feared by some as a killer of face time, a signal of less interest in ones work or the threatening anti-christ to the almighty dollar. 

Thrust into the work life balance debate, women forge ahead on-line and in the media pushing for more flexible working arrangements, better maternity leave, and changes in the Family Leave Act. But when we walk through the doors of big business  (and again, not everywhere) there’s the perception that a voice that dares speak up might fall on deaf ears – or worse – end up with a pink slip. This perception needs to be slayed, but it will take both sexes to open up the conversation in the workplace.

Just a few days ago I wrote about the 2008 National Study of the Changing Workforce in my post, Work Life Gender Gap Narrows. The study found that the work/life conflict men were experiencing had increased more so, over a period of time, then for the women surveyed (women were already feeling a high level of conflict). The results were not surprising given the fact that men are taking on more of the household and childcare duties than in past years, in dual-earner couples.

Perhaps the equalizing of work life conflict will level the playing field for men and women striving for better work life integration. Perhaps, the deaf ear will be more receptive to a woman’s voice demanding to be heard, as it might have had to listen to a crying child the night before.

The glass ceiling hasn’t been broken on the pay scale, but ambition to potentially shatter it has picked up momentum, and Millennials, (under the age of 29) are in the drivers seat. 

It’s one of the more striking and surprising findings in 2008 National Study of the Changing Workforce says Ellen Galinsky, president and co-founder of the Families and Work Institute. For three decades the Institute has been tracking family concerns within the changing landscape of the workforce and workplace.

“There are many firsts in this study – the first time that younger men and women feel the same about job advancement, and the first time that there is no statistically significant different between men and women in their views of proper gender roles,” said Galinsky. For example, men and women are both less likely to embrace “traditional” gender roles. Even if the man earns more cash in his career, he might still be making dinner and doing housework.  

Women in the Workforce

Among the men and women under 29 years old, women are just as likely to want jobs with greater responsibility. For the first time, that attitude was neck and neck among women with and without children. According to the figures, the fruits of that drive might already be manifesting behind the scenes. Women in dual-earner couples contributed an average of 44% to the annual family income in 2008, compared to 39% back in 1997. 

The model of the working mother picked up positive steam in this report. More men and women agreed that employed women can be good mothers. 

Men in the Workforce

Perhaps one of the more startling findings is the increased level of work life conflict experienced by men. It increased from 34% in 1977, to 45% in 2008. The report once again, attributes that to changing gender roles.

Employed fathers are spending more time with their children than their age counterparts did three decades ago and men are taking more overall responsibility for the care of their children. In 1992, 21% of women said their spouses were taking as much or more responsibility, but that number jumped to 31% in 2008.

Seismic Shift in Attitude

It’s worth it to note that the data was collected in 2008, during what some economists would call the beginning of the recession. (some say more specifically December 2007) There has been a marked increase of women in the workforce due to layoffs, economic pressures and the high numbers of women entering into small businesses. So it stands to reason that the gender gap might have narrowed even further in just a year. 

The report is telling according to Ron Glover, Vice President of Diversity and Workforce Programs, at IBM (which funded the report) “Work/Life difficulty is no longer a women’s issue – it’s a people issue.” 

The report’s data collection was funded by the Alfred P. Sloan Foundation which keeps its philanthropic finger on the pulse of American society, the sciences and the economy. The non-profit is known for its support of numerous work life research programs which you can read about here.

We saw glimpses of President-elect Barack Obama's interest in issues surrounding working families and work life concerns, and now just 30 days prior to the inauguration – more details.

Sunday, the Obama transition team announced the new "White House Task Force on Working Families"through a press release which defined this new entity as a major initiative toward, "raising the living standards of the middle-class, working families in America." President-elect Obama has tapped Vice President-elect Joe Biden to chair the task force. 

The announcement coincided with Joe Biden's appearance on ABC's "This Week" for his first sit-down interview since election day. Biden told ABC's George Stephanopoulos that the welfare of the middle class would be the yardstick of economic success for the administration.  "We'll look at everything from college affordability to after-school programs, the things that affect people's daily lives. I will be the guy honchoing that policy," said Biden.

Among Obama's task force goals are expanding education, restoring labor standards, protecting middle-class incomes, protecting retirement security and improving work and family balance. The Obama team said it would champion these goals in a number of ways including proposing executive orders, and developing legislative and public policy initiatives. The task force will issue annual reports that would be available on-line to the public.