July 19, 2019

Archives for December 17, 2012

Change Without Judgment — Concede the Point (Part 5)

rhodesThis is Part 5 of a series called “Change Without Judgment.” Part 1Part 2, Part 3, and Part 4 are available here, so go back and read them now. You’ll be glad you did.

State as forcefully and clearly as you can the goal you want to achieve, the idea you want to implement, the change you want to see happen. You might complete this sentence:  “I want ____________.”

Take a moment to feel what it would be like if you made that happen. Let your imagine run with it. Stay in the feeling long enough to enjoy it.

For a lot of us, the instant we come back to “real life” after an exercise like that, we’re met with an internal greeting party that tells us all the reasons why it’ll never happen. The list of negatives is long and foreboding:  not enough money, not enough time, c’mon this is a crazy idea, anyone can see that.… And so it goes.

What happens next, though, is really surprising. Most of the time, we don’t just hear the list, we immediately rush to defend it! Instead of saying, “Hey now, wait just a minute,” we say, “Yeah that’s right! I really don’t have the time/ the money/ the support. What was I thinking?”

Interesting, isn’t it, the way we so ardently defend all the reasons why we can’t have what we want out of life? Not only are the reasons against us irrefutable, we’re on their side! We throw the book at our idea, judge it as not worth pursuing. And so we quit before we start.

Here’s a simple strategy for dealing with this self-defeating urge.

First, concede the point. Agree with the accusation. “You’re right, I don’t have the time/ money/ support/ whatever.”

Second, ask yourself, “Okay, now where does that leave me? What does life look like for me if I just drop the idea?”

Third, ask yourself:  “Is this outcome acceptable? Or is there still something inside of me that still wants to give it a shot?”

Fourth, if you’re not willing to give up just yet, then use your imagination to come up with a different scenario in which your idea has a chance.

We’re always free to jettison the idea after step three, but if we can’t do so without regret, then it’s best to move on to step four and put the powerful force of imagination to work. Imagination doesn’t try to win the argument, it makes all those negative reasons irrelevant. Instead of agreeing with them, we turn our efforts to creating, not debating.

To be continued…

Five years ago, Kevin Rhodes left a successful 20+ years career in private practice to pursue a creative dream. He recently gave himself the title “Change Guru” to describe his work helping individuals and organizations to make transformative changes. He leads lead workshops on that topic for a variety of audiences, including the CBA’s Job Search and Career Transitions Support Group. To learn more, see http://kevin-rhodes.com/.

Tenth Circuit: Individual Plaintiffs Barred From Bringing Title VII Pattern-or-Practice Claims

The Tenth Circuit issued its opinion in Daniels v. United Parcel Service, Inc. on Tuesday, December 11, 2012.

Regina Daniels worked for United Parcel Service (UPS) as a dispatch specialist in a position that covered different shifts. She applied for promotions in 2005 and 2006 but, contrary to UPS policy, her manager never assessed her for the positions and UPS never followed up with her. She also had been training for the busiest shift, the “twilight window,” when a new policy was instituted that only full-time supervisors could work that shift. Her training ended. In 2008, Daniels met with UPS Human Resources to complain about her replacement in the cover position and assignment permanently to one shift and UPS’s lack of follow up to her promotion applications. In November 2008, Daniels filed an EEOC charge. The district court granted UPS’s motion for summary judgment on Daniels’s Title VII, ADEA, and Kansas state law claims.

The Tenth Circuit held that Daniels did not file her EEOC charge in a timely manner. Regarding the failure to promote claim, her conversation with human resources was not the relevant trigger date because it did not inform her of an adverse employment action. The court also rejected her arguments that 1) the futility doctrine applied, 2) the failure to promote was a compensation decision so a cause of action accrued with each paycheck and 3) the Morgan decision was overruled by the Fair Pay Act.

The court also held that individual plaintiffs may not bring pattern-or-practice claims so her denial of training claim also failed. Thus, she could only bring it in 2008 if the denial of training was a continuing violation and the court held it was not.

The court held that Daniels’s permanent assignment to night shift and replacement by a younger male in the cover position was not discrimination because it was not an adverse employment action. It also rejected her wage discrimination claim. The court held that to make out a prima facie case of wage discrimination, she would have had to perform substantially similar duties to full-time supervisors and because there were significant duties she did not perform, she failed. Finally the court held Daniels failed to establish a prima facie case of retaliation and affirmed summary judgment for UPS.

Bankruptcy Court Closure on Tuesday, December 18, 2012

The U.S. Bankruptcy Court for the District of Colorado announced that it will be closed from 11:30 a.m. to 12:45 p.m. on Tuesday, December 18, 2012. The closure is so that the court staff can have a holiday luncheon. The court requests that all paper filings and telephone calls be avoided during this time.

The bankruptcy court will also be closed Monday and Tuesday, December 24 and 25, for Christmas, and December 31 and January 1, for New Year’s.