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Roll Out the Red Carpet

Kim Austin - noemail@atlanta-ala.com — Sat, 31 Dec 2011 17:00:00 GMT

Roll Out the Red Carpet!

Please welcome our newest AALA Members!

Gwenlynn Hall-Curry

Client Accounting Administrator

Hunton & Williams LLP

Jennifer Malcho

Office Administrator

Seyfarth Shaw LLP

Cheryl Murdock

Director of Information Technology

Smith Welch Webb & White, LLC

Barbara Shirkey
Chief Human Resources Officer
Sutherland Asbill & Brennan LLP

Rachel Watters
Human Resources Generalist
McCurdy & Candler LLC

31-Dec-11 12:00 PM

2012/2013 Slate of Officers

Dina Wolfe - noemail@atlanta-ala.com — Sat, 31 Dec 2011 17:00:00 GMT

2012/2013 AALA Board of Directors Nominees

The Nominating Committee, led by our current Past President, Dina Wolfe, has set forth the following AALA members as nominees for the 2012/2013 Board of Directors. We will be accepting additional nominees at or before the January 18^th Chapter Luncheon if you would like to nominate someone. The formal vote for the slate of officers will be on February 15^th at the Chapter Luncheon.

2012/2013 Slate of Officers

President

Elena Lee

Troutman Sanders LLP

Vice President/President Elect

Amanda Davis, CLM

Fields Howell

Secretary

Irene Jean-Brice

Pankey & Horlock, LLC

Treasurer

Betsy Wells, CLM

Friend Hudak & Harris LLP

Director of E-Communications

Michael Steele

Epstein Becker & Green PC

Director of Membership

Kim Austin

Alston + Bird LLP

Director of Newsletter and Public Relations

Beth Jenkins Baughman, CLM

Locke Lord LLP

Director of Vendor Relations

John Ahlrich

Berman Fink Van Horn P.C.

Immediate Past President

Will Lee

Goodman McGuffey Lindsey & Johnson LLP

Chapter Manager

Jennifer Brinkley

Atlanta Association of Legal Administrators

31-Dec-11 12:00 PM

Member Profle - Rachelle Jones

Emily Dollar - noemail@atlanta-ala.com — Sat, 31 Dec 2011 17:00:00 GMT

MEMBER PROFILE Rachelle Jones HR Administrator Hartman Simons & Wood LLP Member of AALA since: 2010
Firm / Professional Info you’d like to share: I have been working in the legal industry for 6 years. I started with Lyons Solicitors (Commercial Real Estate Law) in Brisbane, Australia, where I assisted the Office Manager and with the Firm’s accounting needs. After 2.5 years with Lyons Solicitors, I moved back to the U.S. and settled in Atlanta. Within a week of moving to Atlanta I started working for Hartman Simons. Hartman Simons has 62 employees (30 attorneys). Hartman Simons is a wonderful place to work with great benefits and people. Our managing partner is one of the most kind and caring people I have ever met. The managers are all very supportive. I have learned a great deal from them. I have been blessed by having the opportunity to work at both firms. AALA Involvement: Due to work and school I haven’t been able to be as involved in AALA as I would like. I participate on the Community Relations committee and helped with Casino Royale in 2010. I've attended Chapter luncheons, Small Firm Section meetings and socials.

All About Rachelle: I am responsible for the firm’s Human Resource needs, benefits, accounts payable, and escrow transactions. I became a legal administrator because it was a great chance to grow professionally and help my firm. The position itself fell in my lap. I was working as the assistant for the Controller and the Office Administrator for Hartman Simons when the Office Administrator position became available. Due to the knowledge I obtained while assisting the Administrator, Hartman Simons offered me the position. The thing I like best about being a legal administrator is that it is a job where you never stop learning, you get to help people, and the range of duties involved. The thing I like least about being a legal administrator is that HR tends to be isolated due to the nature of our job. The hardest situation I have had to deal with was the departure of our old Administrator and the reduction in workforce that followed shortly thereafter. A major issue facing legal administrators today is the ever changing economy. The past three years have been difficult for Administrators. We have had to deal with issues such as reductions in force or furloughs while trying to keep morale up. To be successful, legal administrators have to be organized, caring & confident. As a legal administrator, I never thought I would have to go through so much MAIL. The best advice I’ve received from a fellow legal administrator is to join groups like ALA/AALA and subscribe to newsletters and blogs to keep up with the changing times and legislation. I think legal administrators are important to the legal industry because we handle the items that deal with running the business and employees so the attorneys can focus on their clients. In the office, I try to set an example by being constant in everything I do whether it is with attendance, policies, schedules, etc. I also try to resolve questions and problems as quickly and as fairly as possible. I try to encourage my staff to grow professionally and personally. Several of the assistants have joined me for hikes, yoga or Zumba. Our receptionist is interested in HR and Accounting, so I send her links and web pages so she can learn more. Just recently I started a wellness program that encourages members of the firm to get active. If I wasn’t a legal administrator I would be an Accountant/Controller or an Architect. I joined ALA/AALA because it is a great resource for any Administrator. The conferences offer a wide range of education, while the members offer support and feedback for any situation. Three words that best describe me are honest, caring & adventurous. My plans for the next 10 years include… I don’t tend to plan that far ahead. I believe life has many things in store for me but plans change. The goals I have for the next several years include finishing my degree in Management and Accounting at Kennesaw State; purchasing a house; traveling more. Since I am very new to the Administrator role, I plan to continue growing in this field by attending conferences, seminars and testing for certifications. My life outside of work has been extremely busy since I decided to go back to school. I’m currently taking 9 credit hours in the evenings and weekends in the hopes of completely my degree in the next 2 years. While I find it challenging to balance studying and work, it is very rewarding to be doing well in both areas of my life. Activities (other than work) that I’m involved in: School – Accounting and Management, hiking (favorite trail so far is Ravens Cliff near Helen), reading (Favorite Series – Dragon Price by Melanie Rawn), Zumba, yoga, traveling (Australia is my favorite) or anything outdoors (white water rafting, kayaking, zip lining, camping).

31-Dec-11 12:00 PM

President's Message

Will Lee - noemail@atlanta-ala.com — Sat, 31 Dec 2011 17:00:00 GMT

Season’s Greetings and Happy New Year to All!

I hope each and every one of you had an enjoyable holiday season and I hope the New Year brings you Peace, Happiness and Success.

As I reflect on 2011 in regards to AALA, the first thought I have is how quickly the year went by. It seems like just last week this year’s Board of Directors was sworn in and began our terms of office. We’ve had a very productive year and all of us have worked diligently to manage your chapter well and maintain the high standards set for us by previous boards. I would like to thank each of the board members for their hard work. Elena, Dina, Sarah, Betsy, Kim, Amanda, Joe, Michael and Jennifer, “Thank you”.

The Board cannot (and will not) take full credit for this year’s success of the chapter. So many other individuals and organizations contribute to our success, not only this year but in years past, and I would be remiss if I did not mention them. To our member volunteers who plan and organize our projects; our Business Partners who help provide resources in support of our chapter’s mission; our members who actively participate in chapter activities; our firms who allow us the time necessary for chapter activities; and, finally, our families who support our professional activities, THANK YOU!

Like me, I’m sure most of you are buried in work this time of year, but let’s not forget all the activities AALA has on the horizon. Elena Lee has pulled together an exciting group of speakers for the 2012 Speaker Series and our section chairs have done an equal job. Take a moment, log on to the chapter calendar and see what events we have coming up. In January, on the 12th, we have the Technology section meeting featuring the topic, “Maximize & Mine Social Media” and on the 18th we have our monthly speaker series featuring the topic, “Real Heroes Don’t Wear Spandex”. Both of these events look very interesting. Please register on the chapter website via the calendar event.

As we all bring 2011 to a close, let me close this message by telling you how much I appreciate all the support I’ve been given this year and how honored I am to be serving as President of the Atlanta Chapter of Legal Administrators.

Happy New Year!

31-Dec-11 12:00 PM

Get Involved! Volunteer!

Jennifer Brinkley - noemail@atlanta-ala.com — Sat, 31 Dec 2011 17:00:00 GMT

Get Involved! Volunteer!

Are you looking for a great way to expand your horizons? Want to feel like you’re sitting on top of the world? Volunteer within the AALA! Getting involved in a professional organization such as AALA will not only help you grow professionally, but you will be sure to make new friends along the way. Take the advice of our own Carole Morris: “I am a firm believer that if you belong to an organization, you should participate in whatever way you can to help that organization become the best it can be… If you are like me, you will get back way more than you give.”

Now, more than ever, AALA Members should make sure they are taking advantage of all the Chapter's benefits. Stay informed by attending Section meetings. Did you know that the AALA has ten sections that can help you expand your legal knowledgebase? If there is a particular section you attend regularly, please consider volunteering to Chair that Section. If you think Chairing is too much responsibility, how about hosting a meeting? You could also share your expertise with your colleagues by speaking at a section meeting or writing an article for one of our newsletters.

The AALA also has 11 committees where you can get connected to the Chapter and practice your leadership skills. Consider serving on or chairing one of these committees. From Community Service to our Vendor Relations Committee, there are so many ways to plug in and make a difference in our chapter. We want the AALA to be the best it can be, but we cannot do it without our volunteers!

If you feel like you cannot commit to a Section or Committee, but still are interested in helping out with the chapter, let us know. We often need volunteers for various short-term projects like article submissions, editing/reviewing chapter communications, input on education, set-up for meetings, etc. There is always a place for people to Get Involved no matter what their time constraints!

In 2012, we encourage everyone to Get Involved in the AALA! You'll be better for it! Click here to learn more about our Section meetings and/or to volunteer to Chair a Section or host or speak at one these meetings. Click here to volunteer for one of the AALA Committees.

31-Dec-11 12:00 PM

Thoughts from the Sidelines, December 19, 2011

John M. Jakovenko, SPHR, CLM - noemail@atlanta-ala.com — Sat, 31 Dec 2011 15:00:00 GMT

Krampus Who?

So you have heard of St. Nicholas…but, allow me to introduce you to another character who is quite famous during the holidays in the Alpine countries. While St. Nick is the traditional gift giver extraordinaire, there is another individual who accompanies St. Nicholas on his rounds. Krampus. While the good girls and boys get wonderful gift, the bad girls and boys are captured by Krampus to be eaten for Christmas dinner!

The story of Krampus dates back to pre-Christian time, even as far back as Greek Mythology when a horned creature, similar to a goat was created to help guide the morals of children. In the countries like Germany and Austria, St. Nick made his rounds and delivered gifts on December 5th. The children were told that St. Nicholas would give them gifts if they were good, however, if they were bad, they would be punished with a old switch or they may be taken to Krampus’s lair to be devoured for his Christmas dinner.

To this day, Krampus is still a part of holiday tradition in some European countries. Men dress in the traditional hairy goat-like costumes and scare children on December 5th. The typical gift to give to Krampus is Schnapps in order to ward off his attack.

So this year, have your Schnapps ready and be prepared to be a good boy or girl! And yes, I did meet Krampus, and lived to tell the tale.

By John M. Jakovenko, SPHR, CLM, Director of Human Resources

31-Dec-11 10:00 AM

Thoughts from the Sidelines, December 27, 2011

John M. Jakovenko, SPHR, CLM - noemail@atlanta-ala.com — Sat, 31 Dec 2011 15:00:00 GMT

Fernbank Museum - Holiday Culture in Our Backyard!

The Fernbank Museum is exploring holiday celebrations around the world. The holiday event taking place now through January 8th is called a Winter Wonderland Celebration. They have different celebration exhibits and interactive items so visitors may learn how holidays are celebrated around the globe. Events such as Mama Koku (interactive tales from Africa), Piñata Craft, and "The Legend of Old Befana' (tale from Italy) allow you to get up close and personal with various celebrations! Check out the website for more details.

http://www.fernbankmuseum.org/explore-exhibits/special-exhibitions/winter-wonderland/

Remember, diversity's focus is on what makes us different and unique. Explore diversity in your own backyard at the Fernbank Museum!

31-Dec-11 10:00 AM

Thoughts from the Sidelines, December 12, 2011

John M. Jakovenko, SPHR, CLM - noemail@atlanta-ala.com — Sat, 31 Dec 2011 14:45:00 GMT

As the Diversity Committee has tried to emphasize, diversity is about the differences among us. The spectrum of differences is truly unlimited. One difference is our fundamental belief system and how it affects our lives. Our goal is to include everyone, no matter our belief system.

For those of us in the United States, what was once known as a melting pot has become what some refer to as a “salad bowl.” While a well-put-together salad can look and taste wonderful, it begins to take on a different form during the holiday season, when religious beliefs enter the equation and fundamental beliefs begin to affect outcomes.

Traditionally, the holiday season in December is focused on the Christian and Jewish holidays of Christmas and Hanukkah. The idea of right and wrong become the forefront of thinking. This month’s thoughts from the sidelines will be devoted to religious tolerance and, more importantly, acceptance.

Religious tolerance can be defined as allowing followers of other religions to follow their spiritual beliefs without oppression or discrimination. This month, we will explore the various religions of the world and the efforts those religions bring to our “salad bowl.” The key to remember is that tolerance is about allowing others to believe what they want, whether we agree or disagree. It’s about getting along with others, no matter our differences.

How different are religions? This week we leave you with the golden rule:

From Confucianism

Never do to others what you would not like them to do to you.

From Islam

None of you is a believer until you love for your neighbor what you love for yourself.

From Buddhism

Hurt not others in ways that you yourself would find hurtful.

From Hinduism

This is the sum of all duty: do nothing to others which, if it were done to you, would cause you pain.

From Judaism

What is hateful to you, do not do to others.

From Christianity

Do unto others as you would have them do unto you.

From Taoism

Regard your neighbor's gain as your own gain, and your neighbor's loss as your own loss.

From Zoroastrianism

That nature alone is good which refrains from doing unto another whatsoever is not good for itself.

By John M. Jakovenko, SPHR, CLM, Director of Human Resources

31-Dec-11 9:45 AM

Thoughts from the Sidelines, October 31, 2011

John M. Jakovenko, SPHR - noemail@atlanta-ala.com — Sat, 31 Dec 2011 14:00:00 GMT

A Little Halloween History...

Halloween is an annual festival which takes place on October 31 and has its roots in pagan customs. In ancient times, the Celtic New Year, November 1, was preceded the night before by Samhain Eve. The Celts believed that on the eve of Samhain, the spirits of the dead return to earth.

Later, when Christianity began to take hold, many of the Celtic customs were adapted by Christians. In the 800's (C. E.). Pope Boniface IV established All Saint's Day by modifying the pagan celebration of the dead into a celebration of the saints and martyrs of the Catholic Church. This day was celebrated with the Allhollowmas and the night before was called All Hallow E'en.

Various customs, including the carving of jack-o'-lanterns, accompanied Halloween in the Celtic regions. Immigrants, especially those from Scotland and Ireland, brought these customs with them to the United States. Although they did not immediately catch on, Halloween celebrations were common in the U. S. by the 1800's.

In the United States, children celebrate Halloween by dressing up in a costume and going trick-or-treating. This practice involves going door to door in the neighborhood and shouting "trick or treat." Not wanting to have a trick played on them, the neighbors respond by giving the children a treat, usually candy.

Brought to you by Kansas University’s Medical Center, http://www3.kumc.edu/diversity/other/hallown.html

Halloween Fun Facts:

The world's largest chocolate bar weighs 9,702 pounds - much too heavy for your average child to tote home in a candy bag. (Thank goodness.)

Hard candy such as lollipops, lifesavers and butterscotches can last up to a year if stored at room temperature or in a cool, dry location, according to the National Confectioners Association.

Have you felt the touch with someone who has died? Roughly 29 percent of Americans also felt that touch, according to 2009 figures from the Pew Research Center. Meanwhile, 18 percent of Americans said they've interacted with a ghost, a number that almost doubled since 1996.

Around 90 to 95% of the processed pumpkins in the United States are grown in Illinois, and more than 496 million pounds of pumpkins were produced in Illinois in 2008, according to the University of Illinois Extension.

http://momrecommends.about.com/b/2010/10/20/fun-and-scary-halloween-facts.htm

31-Dec-11 9:00 AM

Thoughts from the Sidelines, November 21, 2011

John M. Jakovenko, SPHR, CLM - noemail@atlanta-ala.com — Sat, 31 Dec 2011 14:00:00 GMT

Thanksgiving is a unique tradition
celebrated in the USA only...

Not quite! While Pilgrims didn’t explore the world landing on a Plymouth Rock over and over again, many countries do celebrate a form of thanksgiving similar to ours. It’s known as a celebration of the harvest. When you sit down for thanksgiving dinner this year, remember… you are not alone.

Thanksgiving traditions in Canada

In our neighboring country of Canada they celebrate Thanksgiving much like the Americans but during the month of October. Observance of this day began in 1879 and continues yearly. Canadian traditions are almost exactly the same as Americans with turkey, stuffing, with mashed potatoes and everything to go with it. Sometimes Canadians also celebrate Thanksgiving by cooking a ham or lamb instead of turkey.

Thanksgiving traditions in China

Thanksgiving traditions in China are called the August Moon Festival or Mid Autumn Festival. The festival is held on the 15th day of the 8th lunar month. When the harvest season is over the Chinese people have a big feast that includes moon cakes. This is a form of giving thanks for the good harvest of the year. Legends say that the moon shines brightest on this day and it is the best day to go out and make new friends.

Thanksgiving traditions in Vietnam

The Vietnamese celebrate Thanksgiving and call it Tet Trung Thu or Mid Autumn Festival. It is much like the Chinese as it is celebrated also on the 15th day of the 8th lunar month. The day is planned around the children as the festival is a Children’s festival and the activities for this day are mostly for children. At dawn there is a candlelit lantern procession which represents brightness and success. Other activities for the day consist of arts and crafts for children, dances, and contests that people can win prizes in.

Thanksgiving traditions in India

Thanksgiving is known as Pongal in India; a popular harvest festival in South India. It is named after a sweet rice dish. The celebration starts on January 14th and lasts three days. The first day of the festival they off pongal to Bhogi or Indran (the rain gods) thanking them for giving the Indians rain for the harvest. The second day of pongal is offered to Surya (the sun), and the third day is to celebrate the cattle for their hard work in helping to harvest the crops. They even dress the cattle up for the celebration. They too have a large feast that everyone will bring food to, commemorating the good harvest.

http://www.thanksgivingfun.net/170/thanksgiving-around-the-world/

31-Dec-11 9:00 AM

AALA Connection - Fall 2011

Jennifer Brinkley - noemail@atlanta-ala.com — Thu, 03 Nov 2011 23:00:00 GMT

We Must Be Having Fun - Because Time is Flying By! Read on to see what Will has to say about his time as President thus far and the resources AALA and ALA have to offer you!
Read More..

This Newsletter is provided for by the generous support of our Diamond Sponsors:

New Member Knowledge Share Meeting

Minimizing Risk in Your Law Firm

Speaker: Greg Hanthorn, Of Counsel, Jones Day
November 9; 12:00PM
Jones Day

Technology Section Meeting

Managing the Risks & Opportunities of Social Media

Speaker: Dr. Steven Vicinanza, Blue Wave Computing
November 9; 12:00PM
Weissman Nowack Curry & Wilco PC

November Speaker Series

60 Tech Tips in 90 Minutes

Speaker: Adriana Linares, Law Tech Partners
November 16; 12:00PM
Loews Hotel, Midtown

Holiday Luncheon

Ritz-Carlton, Buckhead

December 7; 12:00 PM

Atlanta Association of
Legal Administrators

P.O. Box 79019
Atlanta, GA 30357-2019
(770) 846-3402

info@atlanta-ala.com
www.atlanta-ala.com

Welcome to the fall edition of the AALA newsletter. In this edition you will find an article on Business Partner relationships as well as other Member News and Chapter, Regional and National ALA-related news. Learn more about the great meetings and networking opportunities the Chapter has to offer over the next few months.

You are receiving this email because you have signed up to receive our Newsletter. If you are an AALA member or a Business Partner, you may get this message twice because you are in both email groups. If you received this twice and would like to only get it one time, please contact Jennifer Brinkley. You can also request for others in your office to receive this newsletter.

If you are not a member of AALA, but work in a management capacity in a law firm or legal department and have considered joining AALA, now is a great time to do so. AALA is offering a huge deal on membership for the remainder of 2011 and all of 2012. You can join for the remainder of 2011 and all of 2012 for only $125. That is a savings of almost $100.

If you are a Business Partner or considering becoming one in 2012, our sponsorship program is just opening up. Visit atlanta-ala.com in the next few days to see the range of sponsorship opportunities available with AALA.

Your login information is listed below. To log into the site, visit http://www.atlanta-ala.com/en/ and enter your Username and Password.

Username: [username]

Password: [password]

If you have any questions please contact Jennifer Brinkley.

Stay up to date with our RSS feeds.

The Power of Partnership

A successful legal practice requires a team of lawyers, administrators and business partners. But don’t let me forget the most important component: the client. Inclusiveness will produce better results for all, especially the client. Productivity by the law firm and, therefore, the profitability of the firm will also increase. No firm or lawyer should ever think of staff or business partners as “them.” When it comes to a firm’s survival in today’s business environment, the only group that matters is “all of US.”

By collaborating, administrators and business partners who pride themselves on their professionalism and commitment to client service will show their strategic value and drive long-term success in their organizations. In this article, learn how to build the performance equation that benefits administrators and business partners.

Thoughts from the Sidelines

Have you been catching AALA's Thoughts from the Sidelines, a weekly publication from our very own Diversity Committee? This month the focus has been on Breast Cancer Awareness and Cancer in the Workplace. You can find all the Thoughts on the AALA website in the Article Database.

Embracing the Super Power in All of Us

If there is one thing Irene Jean-Brice, Litigation Office Manager for Pankey & Horlock, L.L.C. knows, it is that everyone has the power to make a life-changing impact on another person. That's why Irene uses her power for good.

Business Partner Expo a Huge Success!

The 2011 Business Partner Expo was held on the afternoon of August 17th and featured a brand new format. Thank you to our AALA Business Partners, Members and Guests who made this event a highlight of the year!

Fun Fall Social at Ormsby

The AALA Fall Social was held at Ormsby on September 8th. Members & Business Partners enjoyed an evening of great food, networking and Bocce Ball!

Roll out the Red Carpet

Do you remember how it felt to be a new AALA member; excitement at all the opportunities, fear of attending your first meeting alone, overwhelmed by the benefits? Take a moment to welcome our newest members. It just might make all the difference in the world to them.

The AALA has an app for that!

Ok - not that kind of app, but this fall we do have a membership application for new members! Do you know someone who should join AALA? Help us spread the word and build our resources. For each new member you bring to AALA between now and the end of the year, you will earn $50. New Members must also join ALA. You can also receive one surfboard per potential member contact. Please contact our Membership Director, Kim Austin for all the details.

2011 AALA Salary Survey Now Available

Members may now purchase the 2011 Salary Survey at a discounted rate. It is also available to non-members. Please click here to download the order form. The form should be sent to Tonya Poole at Troutman Sanders with a check or you can submit the form but pay online now. Please contact Tonya Poole for more information. .

Catch the Wave

Catching the wave is all about momentum. Your instinct is to lean back and let the wave happen around you, but when catching a wave, you have to step into it – don’t back off – catch the momentum. Consider that your career is The Wave - it's impossible to put too much effort into it.

ALA Management Connection

ALA's online job bank connects law firms, corporations & governmental agencies with prospective candidates to non-lawyer positions. Employers can advertise openings and search for resumes for qualified candidates. Job-seekers can post their resumes online and search through listings for job openings.

Check out our new Region 2 page!

Thanks to Michael Steele for creating a brand new web page dedicated to ALA's Region 2. Region 2 is comprised of 21 southeastern chapters, including the Atlanta Chapter. Check out the latest Region 2 Newsletter and stay tuned as we add more information relating to Region 2, including conference information and council meeting minutes!

Ignite Your Future & Raise Your Spirit in Honolulu!

Are you ready to "fire up" your knowledge and learning - while re-energizing your mind & spirit? Plan now to attend the 2012 ALA Annual Conference & Exposition taking place April 22-26 in Honolulu.

From the Editor

Happy Fall Everyone! It's my favorite time of year! The weather is cooling off, the leaves are changing and apples abound. Get out and get involved in the AALA! We have several great meetings coming up and of course many are looking forward to the ALA Region 2 Conference later this week in Charlotte. Enjoy this Fall edition of the AALA Connection! Hope to see you soon!

3-Nov-11 7:00 PM

The Power of Partnership

Ed Poll - noemail@atlanta-ala.com — Mon, 31 Oct 2011 15:00:00 GMT

Administrators, Business Partners Make for Natural Allies

By Ed Poll

Administrators and business partners should be natural allies in shaping a firm’s business and economic success. The Association of Legal Administrators (ALA) raised this philosophy to the conscious level by replacing its use of the word “vendor” with “business partner,” and its recent Association-wide rebranding reflects this in its brand promise to serve as: “Your connection to knowledge, resources and networking.”

In many law firms, individual partners, even lawyers generally, have the ability to direct discretionary resource consumption, from purchasing new office furniture to charging the firm for personal meals and travel. Left to their own devices, these lawyers sometimes fail to understand the operation of the firm as a business with profit and loss issues. The dearth of lawyers’ business competencies are built into their education. Most lawyers still enter law school with an undergraduate degree in the liberal arts. Law school curricula have little business focus. And few bar associations give Mandatory Continuing Legal Education (MCLE) credit for courses in finance or management.

In the law firm world, administrators and business partners are sometimes perceived as technicians; they may not get to sit at the table with the buyers – or the lawyers who own the firm. As John Kirk, CLM, Chair of the ALA Business Partner Relations Committee, said, “...(law firms) are vendors, too. We seek to sit at the table with our clients as peers; as such, we can be more helpful and more effective for our clients.”

The same is true in dealing with our business partners.

“We need to appreciate what our business partners do to educate us about our profession and their particular roles in it,” said Kirk. They help us to be more effective for our law firms.”

SATISFACTION IS NOT ENOUGH

For administrators and business partners, proving success means going well beyond the level of merely satisfying buyers: the lawyers/owners. Satisfaction is the minimum threshold of a professional services relationship. However, it is also incomplete to say that the service provider must “exceed expectations,” because this can be hard to define– especially when, as noted earlier, lawyers may not really understand the business sides of their operations and what to expect from their business partners. Plus, even if there is agreement that expectations were exceeded, human nature dictates that even greater exertion and achievement will be expected next time. At some point, it becomes impossible to continually exceed expectations; the best that can be done is to meet them. And that is the definition of satisfaction – a level of performance that is expected.

Service providers who don’t communicate with their clients to learn what clients want, how they want to receive what they want and what the clients’ future needs may be will have dissatisfied clients who do not respect them. This communication process is a collaboration that creates a client/customer relationship built on loyalty. Administrators and business partners must work together to assess needs and develop proactive, interactive approaches, making recommendations to each other about actions and decisions that are mutually beneficial.

In the same way, lawyers increasingly are rewarded by their clients for having “skin in the game” and taking an affirmative approach to provide real benefits that go above and beyond mere satisfaction before they are asked. Such lawyers are perceived as being concerned first of all about the client, and not about the law firm, and as having a stake in the success of what the client does. The goal in client service – for lawyers, for administrators and for business partners – is to become a strategic partner and peer to deliver solutions, not merely serve as a vendor.

My experience from years ago in the food industry illustrates this dynamic. A buyer called me and said his company had done a “cutting” – lining up competing products and cutting them open to taste them and compare their quality. My company’s products fared well on the quality side, but a competing company was offering a drastic price discount. The buyer told me, “I’m not demanding that you meet this price. I will keep your products on the shelf, but I need you to do something – a modest price cut, a promotional offer – so that I can show my management that I’m aware of the competitive market, have done my job and have caused you to respond.” I realized “this is a loyal customer.” I did as he asked, without having to meet the price competition. We retained our business relationship because of our collaboration.

PERFORMANCE IN ACTION

“Do something” is synonymous with “performance,” which transcends mere satisfaction. Performance is a factor of many different things: communication, understanding and focusing on the needs of the law firm and its lawyers, and then applying specialized management and supplier knowledge to meet those needs. The business partner who offers and promotes new ideas or trends in the industry before they are released to the general public is offering performance to the law firm. The administrator who, rather than just responding to what the partners say, understands what the partners need and then provides it, is offering performance to the law firm. In a true partnership between administrators and business partners, performance is a collaborative process that goes both ways and benefits both sides. Consider how the process can work with these examples of services that business partners work with administrators to provide.

· Office Equipment. Under the rules of professional conduct, lawyers must maintain and safeguard client property, including client documents and files, for virtually an indefinite period. This creates the typical storage dilemma of hundreds or thousands of Bankers Boxes, in which finding anything is difficult at best. Consider this: Some leased photocopy machines scan documents without charge if paper is not used to print the image. The administrator and equipment provider may agree to lease terms that say only copying (and not scanning) is to be charged. The scanned documents are then stored on electronically searchable disks. The results: Storage costs are lower, documents can be found more quickly and the office equipment business partner has a satisfied client.

· Insurance. Lawyers’ responsibilities to protect and preserve client property and files require precautions against the likelihood of harm to those materials. Fire is an ever-present risk. If you are an administrator of a firm with leased office space, do you know if the firm or your landlord is responsible for obtaining fire insurance? How about specialized coverage for earthquakes, floods and hurricanes? Is client property covered? If you are an insurance agent, have you asked your law firm client for a complete inventory of client property? Do you know the value of the client property and files in order to effectively insure them? Coming to agreement and understanding on these issues can prevent much grief for lawyers and law firms.

· Office Space. When a law firm leases office space, administrators and landlords can negotiate --what is most critical in meeting the firm’s needs. Virtually everything can be negotiated before the lease papers are signed. For example, there are tenant improvements and betterments (TIBs) that can be made to the office space, to be paid for by the landlord, tenant or both as negotiated. To make improvements, the landlord can recommend a familiar contractor who knows the building and is committed to doing good work for the landlord. The landlord may also propose a commercial space planner who is familiar with law firm office requirements. Such steps can get the law firm tenant into office space more quickly and smoothly, benefiting both sides.

· Banks. Some administrators may perceive of bankers as adversaries, offering help only when it isn’t needed. And, of course, the experiences of the past two years have shown that, when crunch time comes, your bank may be facing as many, if not more, challenges than you and your firm are. However, lawyers and law firms remain attractive customers for banks. Banks value lawyers as having good financial prospects, relatively low risk and good potential for new business referrals. Banks and law firm administrators can develop mutually beneficial and effective business cash management and business referral relationships that provide the necessary funds and financial services the firm needs. And as banks better understand the cash management dynamics of law firms, the more likely they can establish themselves with a lucrative business niche.

· Technology. Many small law firms resist buying or updating technology because they are overwhelmed by the often-high up-front expense, and thus they delay upgrades for five, six or more years. Recognizing this, technology business partners can offer leasing programs that feature more frequent upgrades and also have tax advantages. A leasing agreement can be structured to allow the firm to trade in old leased equipment at the end of the term for new equipment, and a “partner” can make the process especially attractive by including software and/or implementation services. Such arrangements take time to negotiate, but, again, both sides benefit.

ALLIES, NOT ADVERSARIES

The aforementioned examples have one common theme. When administrators facilitate collaboration with business partners and address needs unique to lawyers who are clients for both of them, all sides benefit.

“Vendors are not the enemy; they are not hucksters,” said Kirk, of the ALA Business Partner Relations Committee. “We need to appreciate what our business partners do to support ALA, and appreciate what they can do to educate us. Just as our clients seek to rely on our lawyers for advice, we should seek to rely on our business partners for quality advice in their respective fields of expertise.”

Administrators and business partners can better assess the value they mutually provide as they think in terms of anticipated needs and develop an appreciation of those areas where costs can be controlled and new avenues can be developed –all to make the lawyers’ functions more effective, efficient and profitable. In short, they become allies and not opponents – and that makes everyone’s job easier and more fulfilling. It’s all about trust and loyalty and building mutual confidence through long-term relationships.

The true definition of performance, as discussed earlier, comes when administrators and business partners understand and focus on their respective areas of responsibility. "Success" is when both come to be seen as strategic counselors who help the firm to survive - and even thrive. Administrators and business partners who do this can enhance the value they provide to the firm, become part of the value equation and enjoy greater personal and professional satisfaction.

Ed Poll, Principal of Law Biz Management, recently launched www.LawBizForum.com, an online venue for legal professionals to network and to share best practices. He has also published a new book, Growing Your Law Practice in Tough Times. Contact him at edpoll@lawbiz.com or 800.837.5880.

Reprinted with permission from Legal Management magazine, Volume 29, Issue 2, published by the Association of Legal Administrators, www.alanet.org.

31-Oct-11 11:00 AM

President's Message

Will Lee - noemail@atlanta-ala.com — Mon, 31 Oct 2011 15:00:00 GMT

We Must Be Having Fun - Because Time is Flying By!

When I was younger I scoffed at many of the things my Dad said to me, but as I’ve gotten older, and hopefully a little wiser, things my Dad told me make a lot more sense. One of my Dad’s favorite sayings was, “Time flies when you’re having fun”. Well, I must be having a lot of fun this year, because 2011 has just flown by at what seems like the speed of sound. Ten months of the year are now in the past and I’ve been President of the Chapter for seven months. Am I having fun? Absolutely! How could I not have fun? Thanks to the teamwork of your Board of Directors, Committee Chairs, volunteers and members, this Chapter year has been an extremely active and productive for our Chapter and the best is yet to come.

Of course, we’ve had our challenges but with challenges come great rewards. We’ve overcome our challenges by working together and drawing upon the resources available to us. Through ALA, we all have many resources available to assist us in running the chapter and, more importantly, our firms.

Our fellow AALA and ALA members are our best, and most readily available resource. Our peers are experiencing, and struggling with, the same issues and challenges we are. Who better to turn to than someone you know both professionally and personally. The Atlanta chapter has a wealth of intelligent, talented and resourceful members who are always ready to assist a fellow member. Each of us may tap into this assistance via our chapter listserv, our section meetings, the monthly speaker series or just by simple picking up the telephone and calling a fellow member. Many of us also know peers outside the Atlanta metro area in other cities and states through attendance at ALA events and the ALA website.

The next best resources available to us are the chapter website, ALA website and the many publications provided by both. A good first place to start is our chapter’s award winning website, www.atlanta-ala.com. Also available are the chapter e-newsletter - AALA Connection, ALA News, and Legal Management with timely and informative articles.

If your needs are more complicated or you need a specific answer there is a wealth of resources available with the click of a mouse on the ALA website (www.alanet.org). Included is the Reference Desk (ALA Management Solutions), ALA Peer Consulting Database and ALA Documents on Demand. Also available from ALA headquarters is the Career Center, Legal Market Place, Legal Management Resources Center, and the ALA Management Encyclopedia. Also available on the ALA website are the three discussion forums (Technology forum, Human Resources forum and ALA Open Forum). All of these resources are available with your AALA and ALA membership.

I, like many other members, prefer to receive information face to face. If you do, there are always the AALA monthly Speaker Series and the monthly section meetings where quality speakers give us information on topics ranging from human resources to finance to marketing to technology and many other subjects at no additional cost. If you wish to travel outside Atlanta, ALA offers numerous educational conferences each year. These include the Annual and Regional Conferences, which offer multiple days of national speakers with timely topics of interest to each of us and our firms. Our Region 2 Conference is just around the corner and it’s still not too late to attend, if you register quickly.

Please make your plans to attend the upcoming Region 2 Conference and Expo in Charlotte, NC from November 3 – 5, 2011. This event will be held at The Westin Charlotte. Also, mark your calendars for the 41st Annual Conference and Expo to be held April 22 – 26, 2012 at the Hawaii Convention Center, Hilton Hawaiian Village, Honolulu, Hawaii.

I hope this information has reminded everyone of the myriad of opportunities available to us as members of AALA and ALA but let’s not forget the best opportunity available to all of us. What is that opportunity? It’s the opportunity to get involved with our peers and expand our horizons.

I look forward to seeing each of you at upcoming AALA/ALA events. If you have any questions regarding the above information, please do not hesitate to contact me or any other of your Board members.

Will Lee is the Executive Director for Goodman McGuffey Lindsey & Johnson, LLP and is the current President of AALA. You can reach Will at wlee@atlanta-ala.com or (404) 926-4121.

31-Oct-11 11:00 AM

Member Profile - Irene Jean-Brice

Elizabeth Sprouse - noemail@atlanta-ala.com — Mon, 31 Oct 2011 15:00:00 GMT

Embracing the Super Power in All of Us

If there is one thing Irene Jean-Brice, Litigation Office Manager for Pankey & Horlock, L.L.C., knows it is that everyone has the power to make a life-changing impact on another person. That’s why Irene uses her power for good. After all, that’s what her sister did for her at the start of Irene’s career.

At the time, Irene was attending college in New York near her sister, who was an Administrator at a plaintiff law firm. “It was my first year of college,” recounts Irene. “My sister said, ‘You’re going to be here; you’re going to need to work.’” With that, Irene went to work as a legal secretary at the same firm. Throughout college, she worked her way up in the firm and obtained her paralegal certificate before joining a defense firm in Manhattan as an office manager and paralegal.

Knowing this small piece of history about Irene, it should come as no surprise that she paid what her sister did for her forward. She led the charge in developing her firm’s internship program for seniors in high school and college students thinking about attending law school.

Even after a move down to Georgia, where she attended high school, and wanted to settle down with her husband and son, Irene didn’t lose that urge to help legal industry hopefuls. Now, several years later, and also with a daughter added to the family, Irene has satisfied that desire at her current firm, Pankey & Horlock. Here, Irene established an internship program for high school students.

“I have a passion for law,” she says. “These students are fresh, eager and excited to learn. I take pride in what I do, and it is fulfilling for me to show them our world. It’s exciting when they go on in their careers because I feel that I had a part in it.”

When asked if she has any advice for others thinking of starting an internship program at their firm, Irene suggests presenting both the altruistic and business case behind the concept to their firm. On one hand, she describes, you are leading the future of the industry. On the other hand, you are also getting a resource to help with work.

Helping newbies to the legal industry is not the only way Irene puts her powers to good use. In fact, she joins several other AALA members in working to advance cultural competency and respect for others through the AALA’s Diversity Committee, led by member John Jakovenko. The committee focuses on releasing educational articles to AALA members and is in the preliminary stages of planning a social gathering that celebrates different cultures.

“I was drawn to this committee because, at my firm, we deal with this daily with discrimination cases,” says Irene. “We need to be sensitive to each others’ needs and learn from each other, rather than criticize.”

Irene may be busy at her firm and with her role in the AALA, but she also has her eye on the future. “AALA is such a great outlet for me, from meeting other people to access to key resources. I plan to be even more active with the organization,” she explains. “I also want to continue to increase my knowledge and take more courses.”

And, of course, Irene will continue to add to her growing list of professionals who received a step up and gentle push forward because of her commitment to continuing her sister’s gesture to her, one that set in place a lifelong career.

Congratulations on locating the AALA Connection hidden surf board!

Please send Jennifer Brinkley a quick email by just clicking on her name

(email will be pre-filled and you just have to click send!).

Elizabeth Sprouse is a freelance writer. She can be reached at elizabeth.sprouse@gmail.com or (678) 570-0875.

31-Oct-11 11:00 AM

Roll Out the Red Carpet

Kim Austin - noemail@atlanta-ala.com — Mon, 31 Oct 2011 14:00:00 GMT

Roll Out the Red Carpet!

Please welcome our newest AALA Members!

Steven Baldwin

Chief Operating Officer

Elarbee Thompson Sapp & Wilson LLP

Robert Greenage

Director of Human Resources

Arnall Golden Gregory

Alice Gucwa

Business Director

Greenberg Traurig, LLP

Ashley Saba
Support Manager
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Kyle Soto
Facilities Manager
Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC

31-Oct-11 10:00 AM

Thoughts from the Sidelines, October 25, 2011

John M. Jakovenko, SPHR - noemail@atlanta-ala.com — Thu, 27 Oct 2011 01:00:00 GMT

Cancer, the EEOC and You

Information provided by: http://www.eeoc.gov/facts/cancer.html

The U.S. Equal Employment Opportunity Commission

Questions and Answers About Cancer in the Workplace and the Americans with Disabilities Act (ADA)

Notice Concerning The Americans With Disabilities Act Amendments Act Of 2008

The Americans with Disabilities Act (ADA) Amendments Act of 2008 was signed into law on September 25, 2008 and becomes effective January 1, 2009. Because this law makes several significant changes, including changes to the definition of the term "disability," the EEOC will be evaluating the impact of these changes on this document and other publications. See the list of specific changes to the ADA made by the ADA Amendments Act.

INTRODUCTION

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities. Title I of the ADA covers employment by private employers with 15 or more employees as well as state and local government employers. The Rehabilitation Act provides the same protections related to federal employment. In addition, most states have their own laws prohibiting employment discrimination on the basis of disability. Some of these state laws apply to smaller employers and may provide protections in addition to those available under the ADA.[1]

The U.S. Equal Employment Opportunity Commission (EEOC) enforces the employment provisions of the ADA.[2] This is the fourth in a series of question-and-answer documents addressing particular disabilities in the workplace.[3] It explains how the ADA might apply to job applicants and employees who have or had cancer. In particular, this guide explains:

when cancer is a disability under the ADA;

when an employer may ask an applicant or employee questions about his or her cancer and how it should treat voluntary disclosures;

what types of reasonable accommodations employees with cancer may need; and,

how employers can ensure that they do not discriminate against applicants and employees with cancer.

GENERAL INFORMATION ABOUT CANCER

Approximately 40 percent of the more than one million Americans diagnosed with some form of cancer each year are working-age adults, and nearly 10 million Americans have a history of cancer.[4]

Despite significant gains in cancer survival rates and the passage of the ADA, people with cancer still experience barriers to equal job opportunities. One reason individuals with cancer face discrimination at work is their supervisors' and co-workers' misperceptions about their ability to work during and after cancer treatment. Even when the prognosis is excellent, some employers expect that a person diagnosed with cancer will have long absences from work or not be able to focus on duties. Today, however, unlike one hundred years ago when cancer was a literal "death sentence," most working-age cancer survivors return to work and have relatively the same productivity rates as other workers.[5]

1. What is cancer?

Cancer is a group of related diseases characterized by the out-of-control growth of abnormal cells caused both by external and internal factors such as chemicals, radiation, immune conditions, and inherited mutations. Different cancers have different risk factors. Many people with one or more risk factors never develop cancer, while others with this disease have no known risk factors. Different types of cancer vary in their rate of growth, pattern of spreading throughout the body, and response to treatment. Many types of cancer may be cured by surgery, radiation, chemotherapy, hormone therapy, and/or bone marrow transplant.[6]

Cancer's effect on an individual depends on many factors, including the primary site of the cancer, stage of the disease, age and health of the individual, and type of treatment(s). The most common symptoms and side effects of cancer and/or its treatment are pain, fatigue, problems related to nutrition and weight management, nausea, vomiting, hair loss, low blood counts, memory and concentration loss, depression, and respiratory problems.[7]

2. When is cancer a disability under the ADA?

Cancer is a disability under the ADA when it or its side effects substantially limit(s) one or more of a person's major life activities.

Example: Following a lumpectomy and radiation for aggressive breast cancer, a computer sales representative experienced extreme nausea and constant fatigue for six months. She continued to work during her treatment, although she frequently had to come in later in the morning, work later in the evening to make up the time, and take breaks when she experienced nausea and vomiting. She was too exhausted when she came home to cook, shop, or do household chores and had to rely almost exclusively on her husband and children to do these tasks. This individual's cancer is a disability because it substantially limits her ability to care for herself.

Example: A telephone repairman with an advanced form of testicular cancer has chemotherapy and surgery that render him sterile. He is an individual with a disability under the ADA because he is substantially limited in the major life activity of reproduction.

Even when the cancer itself does not substantially limit any major life activity (such as when it is diagnosed and treated early), it can lead to the occurrence of other impairments that may be disabilities. For example, sometimes depression may develop as a result of the cancer, the treatment for it, or both. Where the condition lasts long enough (i.e., for more than several months) and substantially limits a major life activity, such as interacting with others, sleeping, or eating, it is a disability within the meaning of the ADA.

Cancer also may be a disability because it was substantially limiting some time in the past.

Example: A company president was hospitalized for 30 days immediately following his diagnosis of blood cancer. Because his treatment, which included chemotherapy and a bone marrow transplant, weakened his immune system he was unable to care for himself for six months and had to avoid interactions with almost everyone except his doctors, nurses, and immediate family members. This individual has a record of a disability.

Finally, cancer is a disability when it does not significantly affect a person's major life activities, but the employer treats the individual as if it does.

Example: An individual with a facial scar from surgery to treat skin cancer applies to be an airline customer service representative. The interviewer refuses to consider him for the position because she fears that his scar will make customers uncomfortable. In basing her decision not to hire on the presumed negative reactions of customers, the interviewer is regarding the applicant as substantially limited in working in any job that involves interacting with the public.

Example: After making a job offer, an employer learns that an applicant's genetic profile reveals an increased susceptibility to colon cancer. Although the applicant does not currently have and may never in fact develop colon cancer, the employer withdraws the job offer solely based on concerns about productivity, insurance costs, and attendance. The employer is treating the applicant as if he has a disability.

Under the ADA, the determination of whether an individual currently has, has a record of, or is regarded as having a disability is made on a case-by-case basis.

ACCOMMODATING EMPLOYEES WITH CANCER

The ADA requires employers to provide adjustments or modifications to enable people with disabilities to enjoy equal employment opportunities unless doing so would be an undue hardship (i.e., a significant difficulty or expense). Accommodations vary depending on the needs of an individual with a disability. Not all employees with cancer will need an accommodation or require the same accommodations, and most of the accommodations a person with cancer might need will involve little or no cost. An employer must provide a reasonable accommodation that is needed because of the limitations caused by the cancer itself, the side effects of medication or treatment for the cancer, or both. For example, an employer may have to accommodate an employee who is unable to work while she is undergoing chemotherapy or who has depression as a result of cancer, the treatment for it, or both. An employer, however, has no obligation to monitor an employee's medical treatment or ensure that he is receiving appropriate treatment.

11. What types of reasonable accommodations may employees with cancer need?

Some employees with cancer may need one or more of the following accommodations:

leave for doctors' appointments and/or to seek or recuperate from treatment [11]

periodic breaks or a private area to rest or to take medication

adjustments to a work schedule

Example: An engineer working independently on a long-term project has to undergo radiation for cancer every weekday morning for the next eight weeks. The employer should consider whether it could provide a flexible schedule (e.g., allow him to come in later or work part-time) to accommodate his treatment.

permission to work at home [12]

modification of office temperature

permission to use work telephone to call doctors

reallocation or redistribution of marginal tasks to another employee

Example: A janitor, who had a leg amputated to cure bone cancer, can perform all of his essential job functions without accommodation but has difficulty climbing into the attic to occasionally change the building's air filter. The employer likely can reallocate this marginal function to one of the other janitors.

reassignment to another job

Example: As a result of lymphedema [13] from her mastectomy, a truck driver for a courier service no longer can lift anything heavier than 10 pounds and, therefore, informs her employer that she is unable to do her current job, which requires her to load and unload packages weighing up to 70 pounds. The employer must consider whether a vacant position exists for which the driver is qualified and to which she can be reassigned as a reasonable accommodation, absent undue hardship. The vacant position must be equivalent in terms of pay and status to the original job, or as close as possible if no equivalent position exists. The position need not be a promotion, although the employee should be able to compete for any promotion for which she is eligible. The employer also does not have to "bump" another employee to create a vacancy.

Some employees with cancer may need accommodations other than the ones listed above. The employer, therefore, should discuss with the employee her particular limitations and whether there is anything the employer can do to enable her to work. For example, an employer might explore the possibility of providing certain equipment (e.g., a chair or stool to help with fatigue), a temporary transfer, or changes in how work is performed (e.g., altering when or how a function is done to help with concentration problems).

12. How does an employee with cancer request a reasonable accommodation?

There are no "magic words" that a person has to use when requesting a reasonable accommodation. A person simply has to tell the employer that she needs an adjustment or change at work because of her cancer.

Example: A nurse tells her supervisor that she is having trouble working 12 hours a day because of medical treatments she is undergoing for breast cancer. This is a request for reasonable accommodation.

A request for reasonable accommodation also can come from a family member, friend, health professional, or other representative on behalf of a person with cancer.

13. May an employer request documentation when an employee who has cancer needs a reasonable accommodation?

Yes. An employer may request reasonable documentation where a disability or the need for reasonable accommodation is not obvious. An employer, however, is entitled only to documentation sufficient to establish that the employee's cancer is a disability and that explains why an accommodation is needed. A request for an employee's entire medical record, for example, would be inappropriate, as it likely would include information about conditions other than the employee's cancer.

Example: An employee asks for leave to receive treatment for colon cancer. His oncologist provides a letter indicating that treatment of the condition will require surgery to remove a portion of the large intestines, along with chemotherapy and radiation. The employee will be totally unable to work for the next six months and, even after the cancer has been treated and the employee can return to work, he will have to use a colostomy bag for the rest of his life for waste elimination. The oncologist's letter concludes that, although he hopes the employee will be able to return to a fairly normal life-style following his treatments, he will need to remain under close medical supervision for five years to detect and prevent any recurrence. The doctor's letter is sufficient to demonstrate that the employee has a disability and needs the reasonable accommodation of leave. If, after returning to work, the employee makes a subsequent accommodation request related to his colon cancer and the need for accommodation is not obvious, the employer may ask for documentation (e.g., a doctor's note) demonstrating why the accommodation is needed but may not ask for documentation establishing that the employee's colon cancer is a disability.

14. Does an employer have to grant every request for a reasonable accommodation?

No. An employer does not have to provide an accommodation that would result in "undue hardship." Undue hardship means that providing the reasonable accommodation would result in significant difficulty or expense. However, if a requested accommodation is too difficult or expensive, an employer should determine whether there is another easier or less costly accommodation that would meet the employee's needs.

An employer also is not required to provide the reasonable accommodation that an individual wants but, rather, may choose among reasonable accommodations as long as the chosen accommodation is effective. If more than one accommodation is effective, the employee's preference should be given primary consideration.

15. May an employer be required to provide more than one accommodation for the same employee with cancer?

Yes. The duty to provide a reasonable accommodation is an ongoing one. Although some employees with cancer may require only one reasonable accommodation, others may need more than one. For example, an employee with cancer may require leave for surgery and subsequent recovery but may be able to return to work on a part-time or modified schedule while receiving chemotherapy. An employer must consider each request for a reasonable accommodation and determine whether it would be effective and whether providing it would pose an undue hardship.

16. Is an employer required to remove one or more of a job's essential functions to accommodate an employee with cancer?

No. An employer never has to reallocate essential functions as a reasonable accommodation but can do so if it wishes. In fact, it may be mutually beneficial to the employer and employee to remove an essential function that the employee is unable to do, at least on a temporary basis, because of limitations caused by the cancer, its treatment, and/or side effects.

Example: A doctor becomes too fatigued from cancer treatments to perform surgery, but she still is able to conduct surgical consults and perform her research and teaching duties. Her employer may temporarily remove her from the surgery schedule, rather than placing her on leave, while allowing her to continue performing her other duties.

17. May an employer automatically deny a request for leave from someone with cancer because the employee cannot specify an exact date of return?

No. Granting leave to an employee who is unable to provide a fixed date of return may be a reasonable accommodation. Although many types of cancer can be successfully treated -- and often cured -- the treatment and severity of side effects often are unpredictable and do not permit exact timetables. An employee requesting leave because of cancer, therefore, may be able to provide only an approximate date of return (e.g., "in six to eight weeks," "in about three months"). In such situations, or in situations in which a return date must be postponed because of unforeseen medical developments, employees should stay in regular communication with their employers to inform them of their progress and discuss the need for continued leave beyond what originally was granted. The employer also has the right to require that the employee provide periodic updates on his condition and possible date of return. After receiving these updates, the employer may reevaluate whether continued leave constitutes an undue hardship.

CONCERNS ABOUT SAFETY

When it comes to safety, an employer should be careful not to act on the basis of myths, fears, generalizations, or stereotypes about cancer. Instead, the employer should evaluate each individual on his knowledge, skills, experience, and the extent to which cancer affects his ability to work in a particular job.

18. When may an employer prohibit a person who has cancer from performing a job because of safety concerns?

An employer only may exclude an individual with cancer from a job for safety reasons when the individual poses a direct threat. A "direct threat" is a significant risk of substantial harm to the individual or others that cannot be eliminated or reduced through reasonable accommodation. This determination must be based on objective, factual evidence, including the best recent medical evidence and advances to treat and cure cancer.

In making a direct threat assessment, the employer must evaluate the individual's present ability to safely perform the job. The employer also must consider:

(1) the duration of the risk;

(2) the nature and severity of the potential harm;

(3) the likelihood that the potential harm will occur; and,

(4) the imminence of the potential harm.

The harm must be serious and likely to occur, not remote and speculative. Finally, the employer must determine whether any reasonable accommodation would reduce or eliminate the risk.

Example: A school district may not demote a high school principal, who has been successfully treated for non-Hodgkin's lymphoma, because it fears that the stress of the job may trigger a relapse.

http://www.eeoc.gov/facts/cancer.html

26-Oct-11 9:00 PM

Thoughts from the Sidelines, October 10, 2011

Linda Gray - noemail@atlanta-ala.com — Wed, 19 Oct 2011 22:00:00 GMT

National Breast Cancer Awareness Month

Although there are many resources available for women to learn about breast cancer—diagnosis, treatment, and support—the workplace is one that should be at the top of every Human Resources Department's list. According to the National Breast Cancer Awareness Month organization, a partnership of groups working together to promote breast cancer education, these facts make the workplace the perfect place to institute a variety of awareness efforts:

· Women make up approximately 50% of the workforce

· 44% of women diagnosed with breast cancer will be employed at the time of their diagnosis

· Most importantly, these women will be your employees, co-workers family and friends

(http://www.nbcam.org/help_promote_nbcam.cfm)

Some ideas for awareness programs include the following:

· Tie in with established wellness programs. Most firms have some sort of health-based program for their employees that involves online and print resources, in-house speakers, and opportunities for increased physical activity and attention to healthy diet. Emphasizing the firm's commitment to women's health during Breast Cancer Awareness Month is a perfect way to assist employees in taking an active role in their future health, and emphasize healthy lifestyle as a preventative measure. This can be done through a health fair, health-risk assessments, as well as brochures and websites.

· Tie in with regularly-scheduled staff meetings. Many firms have regular meetings for staff, including educational presentations, making it very easy to devote a meeting to breast cancer awareness.

· Tie-in to firm-sponsored charity events, such as the Breast Cancer Race for the Cure. Many people may have family and friends who are breast cancer survivors and are nevertheless unprepared should this disease strike them personally.

· Use of Intranet pages, staff bulletins, staff bulletin boards, etc.. All offices maintain a means where information concerning benefits, human resources policies, etc., is available for employees. Creating a special link for breast cancer education and information, especially as it relates to current employment, is a perfect way to address concerns such as privacy, accommodation, flextime opportunities, and leave policies; to let employees know what support they can expect (coverage for screenings, follow-up appointments, and 401K hardship withdrawals); and to communicate employee responsibilities (leave policy notice and paperwork requirements, insurance plan requirements).

The workplace presents an excellent opportunity for employers to coordinate with insurance companies to offer free breast cancer screenings. This has been used by many employers with excellent results, often reaching employees who have not taken the initiative to be screened by their personal physicians.

And finally, workplace education about breast cancer offers all employees the opportunity to form personal support networks for themselves and their co-workers and friends, and to help employers improve morale in the face of a cancer diagnosis. Many times co-workers feel helpless and fearful when someone they work with every day receives a diagnosis of breast cancer. Employers have a perfect opportunity to provide a platform for action that will empower everyone —whether it involves donations to assist with food preparation or house cleaning/chores during treatment, transportation to doctor appointments, donations of vacation or sick days to the employee, or a support group of survivors.

Employers should use Breast Cancer Awareness Month as an opportunity to connect with their employees, to assist them and their firms in creating a healthy workforce, and to make sure that information is readily available, resulting in lower health care costs, uninterrupted workflow, and a happier, healthier, more productive workforce.

By: Linda Gray, Research Specialist at Nelson Mullins

19-Oct-11 6:00 PM

Thoughts from the Sidelines, October 19, 2011

Irene Jean-Brice - noemail@atlanta-ala.com — Wed, 19 Oct 2011 22:00:00 GMT

Overcoming Breast Cancer

I remember this day like it was yesterday. I was 16 and I remember my aunt, and my older sister crying. I had just come home from school and was wondering why everyone was crying. I went to see where my mom was and she was lying down in bed in her room. I said “hey Ma….what’s going on?” She said, “Irene I don’t want you to worry, but I went to the doctor today and they told me that I have breast cancer.” My life flashed before me like I was dreaming, because breast cancer to me was a death sentence. I couldn’t imagine life without my mother. My mother was my life and what kept our family together. My brother was only 2 years old and I couldn’t imagine what she was going thru.

The months passed and my mom went through chemo and radiation. She had the surgery to remove her breast. My mom was very brave throughout her battle with cancer. My sister and I were strong for her and took care of my little brother. We did not want my mother to worry about anything but getting better.

I am ecstatic to say that my mother is now 63 years old and is cancer free! My story is a happy one but for so many people, cancer has taken their loved ones. I hope that one day there will be a cure for this horrible disease that robs people of their life.

I hope that my story has inspired someone today.

By: Irene Jean-Brice, Litigation Office Manager

19-Oct-11 6:00 PM

Thoughts from the Sidelines, August 22, 2011

Irene Jean-Brice - noemail@atlanta-ala.com — Wed, 19 Oct 2011 21:00:00 GMT

Equal Employment Opportunity Employer

At some point in your career you have read and heard this phrase: We are an “equal employment opportunity employer.” To me, this phrase is meant to be true, but sometimes I question this phrase. We are faced with so much adversity in the work place and disability is something that we will face, if we have not faced it already. Individuals having a disability are protected under the ADA (American with Disabilities Act).

One of the practice areas that my firm specializes in is discrimination. We represent individuals that have faced some type of discrimination and disability is one of them. Having a disability does not mean that you cannot perform a certain duty, it simply means that you have to overcome certain obstacles in order to perform that job duty. The real question is how much time is an employer willing to allow that individual to have in order to complete their job duty. Are you going to look down upon them because of their disability or are you going to treat them like the rest of your employees?

The employee must be able to perform their essential job function. The “essential functions” are the fundamental job duties that you must be able to perform on your own or with the help of a reasonable accommodation. An employer can refuse to hire you if you cannot perform these duties on your own or with the help of a reasonable accommodation. An employer cannot refuse to hire you, however, because your disability prevents you from performing duties that are not essential to the job. An employer is not required to reallocate essential functions of a job as a reasonable accommodation.

Accommodations vary depending upon the needs of the individual applicant or employee. Not all people with disabilities (or even all people with the same disability) will require the same accommodation. Reasonable accommodations may include:

· Making existing facilities used by employees readily accessible to, and usable by, persons with disabilities.

· Job restructuring, modifying work schedules, reassignment to a vacant position;

· Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies and providing qualified readers or interpreters.

Some examples of reasonable accommodations specific to particular disabilities are:

· A hearing impaired applicant may need a sign language interpreter during the job interview.

· An employee with diabetes may need regularly scheduled breaks during the workday to eat properly and monitor blood sugar and insulin levels.

· A blind employee may need brail reading material.

In closing, firms need to be prepared to face these situations in the workplace and to increase awareness of their employees. We all need to be sensitive to everyone’s needs and understanding and well educated on all levels.

By Irene Jean-Brice, Litigation Office Manager

19-Oct-11 5:00 PM

Thoughts from the Sidelines, August 31, 2011

Elena Lee - noemail@atlanta-ala.com — Wed, 19 Oct 2011 21:00:00 GMT

A few years ago, as the Resource Center Manager for Troutman Sanders, I had the opportunity to visit the Center for the Visually Impaired (CVI) and participate in a twelve week internship program. It was a pleasure interviewing six candidates whose visual impairment ranged widely. I was fascinated by the stories regarding their professional experiences prior to their vision loss and excitement to pursue new career opportunities. A candidate was selected and began working as an intern in January of 2007.

Prior to the candidate’s start date, CVI met with the Resource Center team to demonstrate the wide range of visual impairments through special goggles of varied levels and prepare us how to be guides for the intern. There were several guide techniques taught as well as alternating from guiding and being guided. While wearing the goggles, I had no choice but to put my complete trust with the co-worker who guided me. It was equally important for the guide to instruct me clearly as it was for me to listen to the guide’s instructions as we ascended and descended a flight of stairs. What a gratifying experience to get the perspective of both sides. The internship was a success and the intern was offered a position with the firm and continues to be employed.

While the experience was rewarding for me professionally and personally, working with individuals with disabilities is not new to me - I grew up with two older siblings with mental and physical disabilities and understand the importance of acquiring skills that will allow them to be as independent as possible.

By Elena Lee, AALA President-Elect

19-Oct-11 5:00 PM

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Overcoming Breast Cancer

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