The News You Need for Oct. 25
We wrap up the workweek with a puzzler from Pa. on FMLA, learning lessons with NCCI 's Ilene Lustigman and Damian England , and the continuing threat journalists face on the job.
Journalists Face Threats across U.S.
Survey data released this month by the International Women’s Media Foundation (IWMF) unveils high levels of harassment and physical violence against reporters nationally.? The report notes that most of the staggering threats come when reporters are assigned to cover political campaign events or protests.??
The International Women's Media Foundation dsurveyed and interviewed 610 reporters who attended 25 IWMF Newsroom Safety Across America safety training sessions in 19 cities across 11 states throughout 2024. The report, “Journalists Under Fire: U.S. Media Report Daily Threats, Harassment and Attacks at Home,’’ examines dangers ranging from physical violence and harassment at political protests and campaign rallies to threats of?gun violence, verbal attacks and sexual harassment while on assignment in the workplace.?The report pointed out that many of the political campaign threats came at Trump rallies.??
“I am not surprised with this report and survey since it was Donald Trump who continues to denounce the media as 'Fake News,'’’ according to Allan Dodds Frank, a past president of the Overseas Press Club of America (OPC), one of the many journalism organizations that protest the arrests of journalists abroad and repression of freedom of speech.??
?“These are difficult times for reporters,’’ he added.? “We do have a program where we train our fellowship awardees how to handle risk and even use a tourniquet,“ Frank said.??
One veteran network producer, who asked to remain anonymous, admitted that she is leaving the profession because of an unsafe workplace.?
Some industry analysts predict that safety issues for journalists could ultimately make the profession less appealing to aspiring college communication majors who are seeking safer careers in advertising and public relation fields. And the U.S. Department of Education reports that both undergraduate and graduate journalism programs nationwide are in decline as the U.S. saw the loss of an average of two newspapers per week between 2019 and May 2022, leaving an estimated 70 million people in places that are already news deserts and areas that at high risk in becoming so.?
Survey/report findings also revealed that 36 percent of respondents said they were threatened with or experienced physical violence while working as a journalist. Some 28 percent of respondents reported legal threats or action against them while working as journalists.??
More than 140 of the surveyed journalists reported experiencing sexual harassment incidents on the job. Among those who answered more detailed questions about the nature of the sexual harassment, almost 96 percent cited unwanted comments about their appearance, and 60 percent reported unwanted physical contact.??
Elisa Lees Munoz, IWMF executive director, said the survey numbers show that the industry at-large is leaving reporters ill-prepared for the physical dangers of their jobs.? “They are not providing the training, protective gear and support necessary, leaving journalists to navigate perilous environments alone,’’ said Munoz.???
The report provides actionable steps newsrooms can take to improve safety for their staff?journalists. Preventive measures include implementing identity-informed risk assessments, investing in mental health resources, and prioritizing regular training. On an ongoing basis, the IWMF recommends newsrooms enact check-in protocols and security debriefs to take the sole burden of security off the journalist and ensure that staff have access to quality physical and mental healthcare.??
Does Supervisor’s ‘Weirdness’ Show Nurse Lost Job Because of FMLA Leave?
Chris Parker
What Do You Think?
Philadelphia, PA (WorkersCompensation.com) -- When an employee sues for FMLA retaliation, one of the biggest hurdles she must clear is showing that her exercise of FMLA rights caused her employer to take negative action. There are often two ways to tell the story of what occurred, as a case involving a fired hospital worker illustrates.
A nurse supervisor for a hospital was "a very high-functioning operational leader," according to the hospital. The hospital even encouraged her to pursue higher education so that it might consider her for promotion.
The employee took FMLA leave from October to December 2020 for gallbladder treatment and recovery from COVID-19. When she returned to work in January 2021, she said, "a weirdness" infected her relationship with her direct supervisor, a nurse manager. In February 2021, the nurse manager questioned her ability to do some tasks she had previously performed. She also said the employee had significantly misrepresented on her time cards the amount of time she worked in person versus at home.
The direct supervisor consulted with an HR representative, who was not aware that the employee had taken medical lave. The HR representative recommended terminating the employee.
She sued the hospital for FMLA retaliation, claiming the hospital terminated her for exercising her FMLA rights. The District Court dismissed the case and the employee appealed to the 3d U.S. Circuit Court of Appeals.
The 3d Circuit stated that to establish FMLA retaliation, an employee must demonstrate that: 1) she invoked her right to leave; 2) she suffered an adverse employment decision; and 3) the adverse action was causally related to her invocation of her rights.
Did the employee show her leave and firing were connected?
A.?No.?A lot of time passed between her leave and termination, and the HR representative didn’t know she had taken leave.
B. Yes.?She was a good employee and her manager became negative right after she returned from leave.
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If you selected A, you agreed with the court in?Coleman v. Children’s Hospital of Philadelphia,?No. 23-3064?(3d Cir. 10/15/24, unpublished), which held that the employee failed to establish an FMLA retaliation claim.
The court noted that temporal proximity can help show a causal connection between an employee’s exercise of FMLA rights and a negative employment action. Here, the three-month gap between the worker’s leave and termination was too wide to support her claim.
While the employee pointed to other indications that the hospital was engaging in reprisal, she was merely speculating, the court said. For example, the court wrote, “[w]hile [her supervisor]? questioned whether [the employee] could fulfill some of her duties in February 2021, that was over two months after she returned from FMLA leave, and [the supervisor’s] questions do not suggest a retaliatory motive.”
Finally, it was telling that the individual who recommended terminating the employee for lying on her timecard did not even know she had taken leave. “Thus, medical leave could not have been a ’factor’ in her decision,” the court wrote.
The 3d Circuit affirmed the District Court’s dismissal of the case on the basis that the employee failed to connect her termination to her medical leave.
5 Questions with NCCI’s Ilene Lustigman, Damian England
Movers & Shakers
Engaging customers and stakeholders is the lifeblood of many organizations and how well it goes can make or break a team's ability to carry out its mission. No strangers to the need to keep customers coming back for what you offer them is NCCI. And who does NCCI turn to keep the connection with those the organization serves? Illene Lustigman and Damian England.
We were fortunate enough to get a little bit of their time as they enlightened us on their journeys and the lessons they have learned along the way.
Q. Where did your journey in the workers' compensation industry begin??
Ilene—My journey in workers’ compensation began in NCCI’s Customer Service Department, where I gained valuable industry experience. Over the years, I have held various roles that deepened my knowledge and fueled my passion for helping our customers navigate the unique challenges that they face. Today, I am proud to lead the Customer Service team at NCCI, where we focus on delivering exceptional support and solutions for our stakeholders. ??
Damian—I never planned to get into the insurance industry, but it was a unique opportunity that fit well with my educational background. My journey in workers’ compensation started in loss control/prevention with an insurance carrier. I had the privilege to evaluate and work with many types of businesses and operations around the country. It was rewarding and exciting to help provide solutions to prevent future employee injuries. That spark continued as I evolved into claims, client services, and large account management.? After working at five different insurance companies, I found my way to NCCI, which gave me a great opportunity to combine all my experiences and give back to our workers’ compensation industry.????
Q. What does a "typical" day look like for you??
Damian & Ilene—We both agree that there’s no such thing as a typical day when working with our stakeholders. Each inquiry and interaction is unique. Our Affiliate Service Executive team gathers insights into what is important to our stakeholders, allowing us to better align our service and support. It is truly a team effort.?
We also ensure there is an ongoing awareness of the tools and services that NCCI offers to help streamline processes and aid in decision-making. This directly impacts our Customer Service team, where we provide a timely, high-quality experience for each of the 200,000 phone inquiries and 60,000 email inquiries we handle annually from insurance agents and carriers.???
3.??What's the biggest motivator for you at work??
Ilene—NCCI plays a critical role in supporting the workers’ compensation industry, and we reflect that responsibility in every call, email, and interaction with customers. The inquiries that we handle are often complex, and our customers count on us to provide clear, accurate, and thoughtful responses.?
What drives me is the opportunity to constantly learn and share that knowledge with both stakeholders and team members and use it to improve the service we deliver every day. It is also inspiring to know that, as the industry evolves, we have the ability to adapt and grow, shaping the future of our work and the service we provide. ?????
Damian—I would say my biggest motivator is providing excellent service and satisfaction to our carriers and partners. My team and I get very excited when we see those “aha” moments. You can see a customer’s face light up when we provide something new and exciting that they can immediately use in their daily operations. Our overall objective is to promote a healthy workers’ compensation environment and system.???
Q. Why is this a great time to be part of this industry???
Damian—This is fantastic time to be in the workers’ compensation industry because there are continually new technologies and innovations presenting themselves. Information and data are now so consumable and available so quickly, it has never been easier for stakeholders to utilize data for decision-making.??
Q. What's a lesson you have learned in your career that you wish you could share with your younger self??
Ilene—First, I’d like to take a moment to recognize all our customer professionals celebrating Customer Service Week. This year’s theme, Embracing Change, is something I wish I could have shared with my younger self.??
Change brings valuable opportunities to learn, grow, and collaborate with new people, and the potential it offers is endless. I find that I am much more excited about change now than I was when I was younger. That shift in mindset has had a profound impact on my career and how I approach new challenges. Every change comes with a new opportunity—one that is there for you to embrace.?
Damian—Ilene, funny you should say that! I agree that when I was younger, I wish I would have been way more accepting of change and been more of a risk-taker. In today's world, change is going to happen—and it is going to happen rapidly, as I mentioned earlier with technology and innovations.? We must be open to the possibilities on how change can enhance what we do on a daily basis.??
I also cannot emphasize enough the importance of the whole team. It truly does take a village to be successful. I want to congratulate our entire Customer Operations team, and especially our affiliate services teams for the day-to-day work they do to wow our customers and improve the overall health of the industry.