On August 12, 2019, Governor Cuomo signed legislation making sweeping changes to the New York Human Rights Law (“NYHRL”). Although we previously posted summaries of the significant amendments to the Human Rights Law and their potential impact on employers, we take this opportunity to explain how those amendments pose challenges for New York colleges and universities. 

Read More >> New York Legislation Redefines Harassment Standard - Higher Education Law Report

A few weeks ago, Inside Higher Ed issued its 2014 Survey of College and University Human Resources Officers.  Like Inside Higher Ed’s other surveys, this one provides very interesting reading. Among the topics covered in this survey of 330 responding institutions are several questions pertaining to adjunct employment.  Given the continued union organizing efforts among adjuncts, these questions are particularly timely.  Only 20% of all respondents “strongly agreed” that their institutions fairly compensated adjuncts, down from 24% in 2013.  (The full survey provides a further breakdown of all survey results by whether the responding institutions are public/private and by degrees awarded.)  Only 19% “strongly agreed” that an appropriate benefits package was provided to adjuncts.  (For example, only 27% of respondents indicated that their institutions provide health insurance benefits for adjuncts.)  An even lower number, 15%, “strongly agreed” that their institution provides appropriate job security and due process protections for adjuncts.  Yet, perhaps surprisingly given these results, only 4% “strongly agreed” (with another 8 percent “agreeing”) that unions help adjuncts secure better wages, benefits and working conditions (73% “disagreed” or “strongly disagreed” that unions help). The Survey also focused on retirement concerns.  Sixty-four percent of respondents were “very concerned” or “moderately concerned” about faculty working past retirement age, with 54% concerned that their institutions lacked sufficient retirement incentives for eligible faculty (only 18% “strongly agreed” that their institutions offered sufficient phased retirement options for faculty).  Not surprisingly, 67% were “very concerned” or “moderately concerned” about health care costs for retirees. Some of the benefits information was also very interesting.  While 64% of institutions reported allowing telecommuting, that number was based on 87% of responding public institutions allowing it, and only 41% of private institutions.  As to be expected, 93% of all responding institutions provide financial support for employee enrollment in higher education courses, but only 81% provide it for children of employees (69% of public institutions and 95% of private institutions).  Health care coverage for opposite sex domestic partners is only provided by 58% of the responding institutions, with 55% of institutions providing other benefits to same sex domestic partners.  Thirty-three percent of respondents (47% of public institutions and 18% of private institutions) provide onsite child care for employees. With respect to criminal background checks, 81% of all institutions (83% public, 79% private) reported conducting these checks as part of the faculty hiring process.  A slightly higher amount, 89%, reported doing criminal background checks on staff. Other topics covered by the Survey include sexual harassment efforts and non-discrimination policies, hiring and training practices, and social media policies. The Survey is well worth a close review.

Inside Higher Ed recently released its 2013 Survey of College & University Human Resources Officers, conducted on its behalf by Gallup.  If you have not already reviewed a copy, you can download a copy here.    The survey covers a wide range of HR subjects, from adjunct compensation and benefits, to retirement issues, to discrimination, and many topics in between.  Among the more interesting survey findings from HR professionals at the 399 responding institutions (206 of which were public, 171 were private and 7 were for-profit): 

• 62% were moderately concerned or very concerned about faculty members working past traditional retirement age and 53% were moderately concerned or very concerned that their institutions lacked sufficient retirement incentives for faculty, even though (on a scale of 1 to 5, with 1 being strongly disagree and 5 being strongly agree) 63% responded with a score of 3 or higher that their institution offered sufficient phased retirement options for faculty. 

• With respect to adjunct faculty, 80% responded with a score of 3 or higher that their institutions fairly compensated their adjunct faculty, while 67% responded with a score of 3 or higher that their institutions provided an “appropriate” benefits package for adjunct faculty (although only 24% indicated that they actually provided health insurance for adjunct faculty).  Seventy-five percent responded with a score of 3 or above that their institutions provided appropriate job security and due process protections for adjunct faculty.  Interestingly, 48% of the respondents indicated that their institutions were placing or enforcing limits on adjunct faculty hours in order to avoid having to meet the requirements for employer-provided health insurance under the Affordable Care Act. 

• With respect to benefits generally available on their campuses, 53% of respondents indicated that telecommuting was permitted, 78% indicated that “family-friendly” work policies were in place; 81% had wellness programs (but only 30% provided financial rewards/benefits for healthy employees); and 77% provide financial support for children of employees to pursue post secondary education.  However, the responses indicated that HR professionals thought their institutions could do more: 76% of respondents thought there SHOULD be telecommuting permitted, 94% thought there SHOULD be family friendly policies, 98% thought there SHOULD be wellness programs in place, 82% thought there SHOULD be financial rewards/benefits for healthy employees, and 88% thought there SHOULD be financial support for employees’ children for post secondary programs. 

• 50% of respondents indicated that they were paying “more attention” to long term employees with declining job performance. 

• 62% indicated that they were paying “more attention” to implementing performance evaluation measures. 

• Only 40% indicated that they were paying “more attention” to addressing ADA and similar mandates regarding disabilities. 

• 88% of respondents indicated that their institutions had a nondiscrimination policy regarding sexual orientation and 74% had a nondiscrimination policy regarding gender identity. 

• Finally, 61% of the respondents responded with a score of 3 or higher that HR is blamed for unpopular changes or reductions in employee benefits and services.