Tag: Employee

No Safe State: Former DEI Employee Says to Look for the Red Flags

Dr. Nicole DelMastro-Jeffery, former executive director for the DEI and Belonging office and Title IX coordinator at Richland Community College.On January 21, one day after his inauguration, President Donald J. Trump signed an executive order he called “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” instructing federal agencies to end diversity, equity, and inclusion (DEI) practices and programs.

The very next day, Dr. Nicole DelMastro-Jeffery, executive director for the DEI and Belonging office and Title IX coordinator at Richland Community College in Decatur, Illinois, was let go from her non-federal position.

In a sense, DelMastro-Jeffery’s story is familiar. State legislatures across the country have introduced and passed laws curbing DEI at educational institutions, even before Trump issued his order. Since then, a growing number of DEI offices have either shuttered or reorganized, and DEI-focused employees have been dismissed or had their roles changed.

But Illinois has no anti-DEI laws established, despite some competing bills introduced on the House and Senate floor. On February 7, State Sen. Andrew S. Chesney introduced SB2288, calling for the abolishment of DEI programs in departments of the state government. Conversely, on January 29, State Rep. Sonya M. Harper filed HR0077, a bill to affirm DEI programs in local, state, federal, educational and other institutions.

According to DelMastro-Jeffery, in early 2024 when the Biden-Harris administration issued a new Dear Colleague letter which expanded Title IX for the further protection of women and transgender individuals, Richland moved toward implementing those changes. However, by December 2024, she said that Richland “quickly rolled back to the 2020 legislation.”

“Ultimately,” she said, “Going back to 2020 legislative measures decreased protections, not only for transgender community members but women as well.”

For DelMastro-Jeffery, the institutional waffling between Title IX regulations was a red flag, one that should be heeded by other DEI professionals and institutions working to preserve their DEI programs.

“We have rarely considered the legal ramifications of separate laws and how their implementation and adjustments may in fact serve as awareness flags of next moves, like that of chess match players,” she said. “It is my belief that this federal injunction or swift rollback of expanded 2024 Title IX protections should have served as an immediate wakeup call to our DEI community.”

DelMastro-Jeffery arrived at Richland fresh off an internship with the Biden-Harris administration. She said she was thrilled at the chance to apply all she had learned to a rural college environment. Her dismissal, she said, “felt like a triple backlash to both my former public service work, status as a woman of color in higher education, and DEI executive leader.”

Paulette Granberry Russell, CEO and president of the National Association of Diversity Officers in Higher Education (NADOHE), said the attacks on DEI, including Trump’s order, have continued to demonize it, stripping all meaning from the acronym. She intentionally uses the words “diversity, equity, and inclusion,” instead of DEI.

Paulette Granberry Russell, CEO and president of NADOHE.Granberry Russell said she is “disappointed by the failure of institutions that over-complied to the threats to diversity, equity, and inclusion efforts, rather than taking a stand to say these efforts are not divisive.”

The misinformation disseminated through anti-DEI laws and orders have produced significant misunderstanding in the public sphere, “that somehow efforts associated with advancing diversity, equity, and inclusion is unlawful. That is not the case,” said Granberry Russell.

“We’re seeing what I often refer to as a ‘chilling effect,’ where institutions are preemptively scaling back diversity, equity, and inclusion efforts due to political pressure or fear of litigation,” said Granberry Russell.

NADOHE is the lead plaintiff in a federal lawsuit filed by Democracy Forward, a national legal organization of litigators, policy makers, regulators and public educators working to advance democracy. The suit was filed against the Trump Administration in early February calling Trump’s attack on DEI unconstitutional.

Granberry Russell acknowledged that, since the legislation and executive order, many DEI officers and employees have lost their roles. But she does not know how many, as there is no national database tracking these changes.

DelMastro-Jeffery said “this experience has illuminated, for me, the intersection between gender, leadership values, and the importance of pressing on.”

She continued, “Amid the growing dismissal of DEI programming, now diluted to words on a website, we would be negligent to forget the value of diversity and how the world, including systems of education, thrives on it.”

Richland leadership did not respond to requests for comment. Their website still hosts a page for Diversity, Equity, Inclusion, Belonging and Accessibility, which affirms these as a “core institutional value.”

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March 28, 2025
5 Reasons to Administer the Refreshed College Employee Satisfaction Survey (CESS)

The expectations of higher education faculty and staff have changed. Understanding the experiences, opinions, and satisfactions of your faculty and staff is invaluable to creating a healthy culture and work environment. But it’s not just about fostering a positive atmosphere—it’s also critical for retaining your employees, improving the student experience, and reducing the risk of lost institutional knowledge.

To help institutions better understand and support their faculty and staff, RNL is excited to introduce the refreshed College Employee Satisfaction Survey (CESS), designed with enhanced features to delve deeper into employee engagement and satisfaction at colleges and universities. Here are five reasons your institution should consider administering the updated CESS in 2024-2025.

1. Gain a comprehensive view of your employee experience

The updated CESS measures key aspects of faculty and staff morale, including workplace recommendations, overall job satisfaction, and retention rates. With this data, you’ll have a clear picture of your university’s workplace culture, helping you make meaningful improvements driven by faculty and staff input.

2. Identify what matters most to your team

The refreshed CESS explores key aspects of the employee experience including internal communication, prioritization of institutional goals, work-life balance, and satisfaction with compensation. Your employees also highlight institutional strengths and opportunities for improvement, giving you direct feedback on what they value most.

3. Benefit from detailed, actionable reports

With your participation in the CESS, you’ll receive comprehensive reports, including faculty and staff segment analyses, the raw survey data, and the RNL CESS Benchmark National Norms report.* This information empowers you to take targeted action to boost employee morale.

4. Support accreditation and strategic planning

Survey results from the CESS can be a powerful asset in accreditation and strategic planning processes. Demonstrating a commitment to understanding the employee experience helps to demonstrate compliance with key standards and conveys that your institution is proactive about maintaining a thriving educational environment.

5. Take advantage of special pricing and longitudinal analysis

To celebrate the launch of the refreshed survey, RNL is offering a 25% discount on standard administration fees for surveys conducted in 2025. Moreover, institutions engaging in the CESS more than once within a five-year span will receive a complimentary longitudinal comparison report. This report is invaluable for tracking changes and trends over time, providing a deeper understanding of the long-term impact of implemented policies and changes.

The refreshed College Employee Satisfaction Survey from RNL is more than just a survey; it’s a comprehensive tool that empowers higher education institutions to thrive by fostering a healthy campus culture and satisfying work environment. By participating in the CESS, your institution can gain critical insights, enhance strategic planning, and ultimately, elevate the overall campus culture.

To learn more or to schedule your institution’s participation, please visit our dedicated College Employee Satisfaction Survey webpage.

*Benchmark reports will be sent to participating institutions once seven institutions of their type like 4-year publics, 2-year publics, or 4-year private conduct the 2024 CESS.

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December 17, 2024
Congress Introduces Legislation on Employee Classification of Student-Athletes – CUPA-HR

by CUPA-HR | June 18, 2024

On June 13, the House Education and Workforce Committee voted to advance H.R. 8534, the Protecting Student Athletes’ Economic Freedom Act. The bill would prohibit student-athletes from being classified as employees under federal and state labor laws and regulations due to their participation in intercollegiate athletics.

The bill was introduced on May 23 by Rep. Bob Good (R-VA) and 10 House Republicans. If enacted, the bill would prohibit student-athletes from being classified as employees at institutions of higher education, athletic conferences or athletic associations (such as the NCAA). In effect, the legislation would prohibit student-athletes from being classified as employees under federal labor laws, such as the Fair Labor Standards Act (FLSA) and National Labor Relations Act (NLRA), as well as state laws and regulations determining employment classification.

Throughout the Biden administration’s first term, the National Labor Relations Board (NLRB) has issued significant guidance and decisions with respect to the classification of student-athletes as employees. In September 2021, the NLRB’s general counsel issued a memorandum asserting the agency’s position that student-athletes are considered employees under the NLRA. The memorandum was followed by an NLRB complaint filed against the University of Southern California, the Pac-12 Conference and the NCAA for allegedly misclassifying USC’s men’s football and men’s and women’s basketball players as student-athletes rather than employees. Additionally, in March 2024, the Dartmouth College men’s basketball team voted in favor of joining the Service Employees International Union, after a regional NLRB director determined that players on the team are employees under the NLRA using the board’s general counsel memorandum.

The bill passed out of committee by a partisan vote of 23-16, only gaining support from Republicans on the committee. The bill now awaits a full House vote, where Republicans can pass the bill with a simple majority. The fate of the bill is more uncertain in the Senate, as it is unlikely that it will gain enough support from Democrats to bypass the 60-vote filibuster. CUPA-HR will keep members apprised of any updates relating to this bill and employee classification of student-athletes generally.

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June 18, 2024
Hybrid, Remote and Flexible Work: The Secret Sauce for Employee Retention? – CUPA-HR
by CUPA-HR | September 19, 2023

Given the number of employees who successfully executed their work remotely at the height of the pandemic, it may come as no surprise that a substantial gap exists between the work arrangements that higher ed employees want and what institutions offer. According to the new CUPA-HR 2023 Higher Education Employee Retention Survey, although two-thirds of employees state that most of their duties could be performed remotely and two-thirds would prefer hybrid or remote work arrangements, two-thirds of employees are working completely or mostly on-site.

Inflexibility in work arrangements could be costly to institutions and contribute to ongoing turnover in higher ed. Flexible work is a significant predictor of employee retention: Employees who have flexible work arrangements that better align with their preferences are less likely to look for other job opportunities.

Flexible Work Benefits: A No-Brainer for Retention

While more than three-fourths of employees are satisfied with traditional benefits such as paid time off and health insurance, survey respondents were the most dissatisfied with the benefits that promote a healthier work-life balance. These include remote work policies and schedule flexibility, as well as childcare benefits and parental leave policies.

Most employees are not looking for drastic changes in their work arrangements. Even small changes in remote policies and more flexible work schedules can make a difference. Allowing one day of working from home per week, implementing half-day Fridays, reducing summer hours and allowing employees some say in their schedules are all examples of flexible work arrangements that provide employees some autonomy in achieving a work-life balance that will improve productivity and retention.

A more flexible work environment could be an effective strategy for institutions looking to retain their top talent, particularly those under the age of 45, who are significantly more likely not only to look for other employment in the coming year, but also more likely to value flexible and remote work as a benefit. Flexible work arrangements could also support efforts to recruit and retain candidates who are often underrepresented: the survey found that women and people of color are more likely to prefer remote or hybrid options.

Three Things You Can Do

Use Data to Make a Case for Change. The CUPA-HR 2023 Higher Education Employee Retention Survey provides multiple data points that support remote, hybrid and flexible work for the retention and recruitment of top talent.

Explore CUPA-HR Resources. Discover best practices and policy models for navigating the challenges that come with added flexibility, including managing a multi-state workforce:

Remember the Two-Thirds Rule. In reevaluating flexible and remote work policies, remember: Two-thirds of higher ed employees believe most of their duties can be performed remotely and two-thirds would prefer hybrid or remote work arrangements, yet two-thirds are compelled to work mostly or completely on-site.

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September 19, 2023
The Top Predictor of Higher Ed Employee Retention May Surprise You – CUPA-HR
by CUPA-HR | September 12, 2023

In 2022-23, turnover of higher ed employees was the highest in five years. A new report from CUPA-HR explores the issue of higher ed employee retention and the factors that impact retention.

The CUPA-HR 2023 Higher Education Employee Retention Survey analyzed data from 4,782 higher ed employees — administrators, professionals and non-exempt staff, with faculty excluded — from 529 institutions. It found that 33% of higher ed employees surveyed answered they were “very likely” or “likely” to look for new employment opportunities in the next year. More than half (56%) of employees are at least somewhat likely to search for a new job in the coming year.

Top Reasons Higher Ed Employees Are Looking for a New Job

According to the findings, respondents say that pay is the number one reason they’re looking for a new job. Other influential reasons are an opportunity to work remotely, desire for a promotion or more responsibility, and the need for a more flexible work schedule.

But while pay is the top concern mentioned by employees, retention challenges are more complex.

Strongest Predictors of Retention

Digging deeper into the data, the strongest predictors of retention are factors related to job satisfaction and well-being. Only 58% of higher ed employees are generally satisfied with their jobs. Of the 16 aspects of job satisfaction and well-being the survey measured, the three that have the most impact on retention are:

Recognition for Contributions

Being Valued by Others at Work

Having a Sense of Belonging

Only 59% of respondents say they receive regular verbal recognition for doing good work. The good news is that programs, training and policies that increase employee satisfaction in these areas can make a significant impact on retention without necessarily breaking the budget.

Three Things You Can Do

Employees are not necessarily planning to flee higher ed. Most job seekers will be looking within higher ed, and nearly half will be looking within their own institution, indicating that it’s not too late to implement retention strategies. Here are three things you can do to assess and address job satisfaction:

Read the Report. The CUPA-HR 2023 Higher Education Employee Retention Survey provides not only data but also a model for understanding higher ed retention. (Looking for an overview of report findings? Check out our press release.)

Explore CUPA-HR Resources. Here are several that focus on aspects of job satisfaction:

Plan Next Steps. Share the report or press release with leaders on your campus. Determine areas where your institution could strengthen career development and implement training to increase job satisfaction.

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September 12, 2023
Supreme Court: Highly Compensated Employee Entitled to Overtime Because Employer Did Not Pay on a Salary Basis – CUPA-HR

by CUPA-HR | February 23, 2023

On February 22, the U.S. Supreme Court issued its decision in Helix Energy Solutions, Inc. v. Hewitt, finding that an employee making over $200,000 per year was entitled to overtime pay under the Fair Labor Standards Act (FLSA) because he was not paid on a salary basis. The case is a reminder that exempt status depends not only on how much the employee is paid, but also on how they are paid. Employers may want to be particularly careful when providing exempt employees — including part-time exempt employees — with different weekly pay based on hours worked.

Under U.S. Department of Labor (DOL) regulations, an employee must meet the following three requirements to be considered an executive, administrative or professional employee exempt from the FLSA’s overtime pay mandates: (1) perform duties consistent with those exempt categories as set forth by the DOL, (2) be paid a minimum salary (currently set at $684 per week), and (3) be paid on a salary basis. The employer in the case argued that the employee was exempt because he was paid $963 per day, therefore making at least the minimum salary of $684 per week, and he met the duties test for an executive.

The court found, however, that the employee was not paid on a salary basis as set forth in Section 541.602 of DOL regulations and was therefore not exempt. Section 541.602 requires exempt employees to receive the full pre-determined salary for any week in which they perform any work without regard to the number of days or hours worked. Specifically, the court said the employee “did not get a salary (of $963 or any other amount) because his weekly take-home pay could be as little as $963 or as much as $13,482, depending on how many days he worked.” The court did say, however, that daily-rate workers could qualify as paid on a salary basis if the pay met the conditions set out in DOL regulations §541.604(b).

In a dissenting opinion, Justice Brett Kavanaugh contended that the salary threshold and salary basis test — both of which DOL created through regulations — may not be consistent with the FLSA itself. Specifically, Kavanaugh said:

“The Act focuses on whether the employee performs executive duties, not how much an employee is paid or how an employee is paid. So it is questionable whether the Department’s regulations — which look not only at an employee’s duties but also at how much an employee is paid and how an employee is paid — will survive if and when the regulations are challenged as inconsistent with the Act. It is especially dubious for the regulations to focus on how an employee is paid (for example, by salary, wage, commission, or bonus) to determine whether the employee is a bona fide executive. An executive employee’s duties (and perhaps his total compensation) may be relevant to assessing whether the employee is a bona fide executive. But I am hard pressed to understand why it would matter for assessing executive status whether an employee is paid by salary, wage, commission, bonus, or some combination thereof.”

Since the employer in this case failed to raise the challenge to the regulations properly, the issue was not considered before the court. As such, it remains unclear how many justices agree with Kavanaugh and whether the majority of the court would overturn the DOL’s salary basis and threshold tests.

CUPA-HR continues to monitor all updates relating to the FLSA and its implementing regulations and will keep members apprised of significant news with respect to the overtime issue.

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February 23, 2023
Trends in Higher Ed Employee Learning and Development – CUPA-HR
by CUPA-HR | February 1, 2023

Employee learning and development (L&D) offerings at higher ed institutions have changed significantly over the last three years. To find out what other institutions are doing in this area, Krista Vaught, assistant director of employee learning and engagement at Vanderbilt University, conducted a survey in the summer of 2022. Survey responses from L&D professionals at 115 institutions reveal the following trends in program delivery, attendance, topics and outcomes.

Program Delivery

Since 2020, synchronous online sessions have been offered by most (89) institutions, followed by self-paced modules (85). Some institutions indicated that at certain points, employees were limited to online learning and self-paced only, as they did not host live workshops.

Prior to the pandemic, synchronous, in-person workshops were the primary delivery method at most institutions. Now, synchronous online is the primary method at 35 percent of institutions surveyed, asynchronous online at 30 percent of institutions, synchronous in-person at 18 percent of institutions and hybrid at 17 percent of institutions.

Attendance

Attendance and participation have fluctuated. In the early 2020 shift to remote work, there was a sense that employees had newfound time to pursue L&D, at least initially. From March 2020 to December 2021, 31 percent of institutions surveyed saw increased participation, while 27 percent said it was mixed or hard to tell. Eighteen percent said it increased then decreased, and 17 percent said it decreased.

What did institutions see in 2022? Results were mixed again. Twenty five percent said attendance and participation were about the same as prior to 2022, 23 percent said it decreased, 21 percent said it increased and 27 percent said it was mixed or hard to tell.

What’s causing the fluctuations and challenges in attendance and participation?
- Time and availability
- Burnout
- Increased workload as employees transition back to more on-campus work or take on additional responsibilities because of turnover, leaving less time to pursue learning
- Unsupportive supervisors who see learning as taking away time from work rather than part of work
- Employee preference for different delivery methods (in-person versus virtual)
- Learning opportunities are not always prioritized, resulting in last-minute no-shows
Topics

According to respondents, the most popular workshop topics fall under management and leadership, and wellness and communication.

Assessing Outcomes

Follow-up surveys are the most popular tool for assessing outcomes of workshops, followed by attendance and participation numbers.

Prioritizing Learning and Development

In the ongoing competition for talent, L&D can be a game changer, both in attracting new talent and retaining the talent you already have. By investing in and prioritizing programs to support managers, develop leaders and promote better communication, institutions can create a workplace that’s hard to leave.

Interested in more data and insights HR pros can use when brainstorming L&D initiatives, making a case for those initiatives, and designing them and assessing them? Head over to the full article, Higher Education Learning and Development Trends in 2022 – Where We Are now and Where We’re Headed (members-only) in the winter issue of Higher Ed HR Magazine.

To learn how one institution launched a multi-faceted retention initiative, including manager and leadership development opportunities, watch the recording of the recent CUPA-HR webinar Solving the Retention Puzzle.

Related Resources:

CUPA-HR Learning Framework and Resources

Management and Supervisor Training Toolkit (CUPA-HR Knowledge Center)

Creating Your Individual Development Plan (E-Learning Course)

Understanding Higher Education (E-Learning Course)

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February 1, 2023