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August 2013 NURSING MOTHERS in the WORKPLACE NURSING MOTHERS in the WORKPLACE PROTECT Yourself LEGALLY PROTECT Yourself LEGALLY

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Jennifer Gallia, nursing mothers in the workplace, legal protection, central pa, networking, business women

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August 2013

NURSING

MOTHERS

in the

WORKPLACE

NURSING

MOTHERS

in the

WORKPLACE

PROTECT

Yourself LEGALLY

PROTECT

Yourself LEGALLY

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When you need surgery, you look for safe, compassionate care, using themost advanced techniques provided by experienced surgeons. When youneed surgery, look no further than PinnacleHealth Surgical Associates.

From endoscopy and colonoscopy services, to the removal of skin lesionsand suspicious moles, to more complex surgeries involving the pancreas,thyroid, spleen and gallbladder—our surgeons have the experience andskill to get you recovering quickly and back to good health.

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Find out more by visiting us on the web and viewing our physician profiles at pinnaclehealth.org/general-surgery.

Page 3: Bw0813 issuu

Now Women Have a Choice

Women’s Digestive

Health Center

Introducing a facility designed exclusively

for women, and staffed completely by women.

Dr. Sadiya Cheshty

Medical Director

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Women’s Digestive Health Center

694 Good Drive, Suite 23

Lancaster, PA 17601

(Adjacent to Women & Babies Hospital)

Dr. Sadiya Cheshty of RGAL is board

certified in Gastroenterology and Internal

Medicine and specializes in women’s

digestive health.

For more information about the Women’s

Digestive Health Center visit

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To schedule an appointment

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3

4 LETTER FROM THE EDITOR

7 SUCCESSFULLY NAVIGATING THE FMLA

The rules and regulations you should know.

9 NURSING MOTHERS ARE PROTECTED IN THE WORKPLACE

The Affordable Care Act of March 2010 gave nursing moms federal backing.

11 WILL A NON-DISCRIMINATION POLICY PROTECT YOUR BUSINESS?

What can and can’t happen if an employee feels discriminated against.

14 WORKPLACE SUPPLIES GO SUSTAINABLE

More products are manufactured from recycled materials.

16 WOMEN–PROTECT YOURSELF LEGALLY FOR LIFE

Some guidance on being and staying successful.

20 NO ‘ONE-SIZE-FITS-ALL’ APPROACH TO MENOPAUSE

The many options to go about winning your fight against “the big M.”

22 WOMEN TO WATCH

New hires and promotions.

22 ACHIEVEMENTS & APPLAUSE

Awards and accomplishments.

23 MEET AND GREET

Regional networking events and meetings.

WHAT’SInside

5 COVER STORY

Jennifer Gallia loves being an

attorney for Hershey Entertainment

& Resorts. Because of her drive,

enthusiasm, and initiative, the dream

of working for them became a reality.

She advises other women to “be

bold, have confidence, don’t limit

yourself — the possibilities are

endless.” Giving back to the

community is also important to

Gallia, who volunteers at the

Humane Society of Harrisburg Area.

BusinessWomanPA.com | August 2013 ~

22 offices to serve you in Central PennsylvaniaNorthwest Direct: 1-877-672-5678 • www.northwestsavingsbank.com

Business Banking

No matter what your business demands,Northwest delivers.

Cover photography courtesy of Revelation Photography, Carlisle.

Page 4: Bw0813 issuu

entral Pennsylvania is a great place to

live, with an abundance and variety of

entertainment destinations. One place

that people come from all over the world

to visit is Hersheypark. It’s “where life is

just sweeter!” Jennifer Gallia’s life is

sweeter because she has the job she

aspired to since she was 7 years old—becoming an

attorney. She later narrowed that down

specifically to an attorney for Hershey

Entertainment & Resorts and realized

that position in 2001. Find out how her

dream became a reality.

Some of the issues we discuss in this

issue of BusinessWoman can very likely

affect our performance at work—the

Family Medical Leave Act (FMLA),

breastfeeding in the workplace, and

discrimination in the workplace.

Because women take a leave from

work to bond with their newborn

babies and they are also the

predominant caregiver, it is important

that you are familiar with FMLA and

your company’s policy. It allows

necessary time off while protecting

your job.

Make sure you are compliant with current breastfeeding

regulations. Although the requirements are not

outlandish, they are very real and gives the new mother

deserved privacy.

Discrimination comes in many forms. As an employee,

know what your obligations are if you are the receiver of

harassment or discrimination. As an employer, understand

the responsibility you have toward your employees. Do you

know who is sued when an employee feels harassed or

discriminated against? It’s generally not the offending

employee but rather the company. Find

out more.

This summer, like most summers,

has been extremely hot. Believe it or

not, though, menopausal women can

still have hot flashes. Although the

severity of the symptoms of menopause

affects each of us differently, learn how

women are finding relief.

Plans continue for our fall women’s

events: – POWERLUNCH Capital Region,

Cumberland County women’s expo,

and the Lebanon County women’s

expo. More information is included

inside. Please check them out.

Member Of:

BusinessWoman is published monthly by On-Line Publishers, Inc.,

3912 Abel Drive, Columbia, PA 17512, 717.285.1350. Copyright On-Line Publishers,

Inc. 2013. All rights reserved. Reproduction or use without permission of editorial or

graphic content in any manner is strictly prohibited.

Views expressed in opinion stories, contributions, articles and letters are not

necessarily the views of the Publisher. The appearance of advertisements for products

or services does not constitute an endorsement of the particular product or service.

Although every effort is made to ensure factual information, BusinessWoman cannot be

held responsible for errors in contributors’ material, nor does the editorial material

necessarily reflect the opinions of the publisher. On-Line Publishers, Inc. reserves the

right to revise or reject any and all advertising.

Subscription information: $14 per year for home delivery of 12 monthly issues.

Subscribe online at www.BusinessWomanPA.com or call 717.285.1350.

August 2013

Vol. 10 - No. 8

omanWcareer ~ lifestyle ~ wellness ~ connections

B U S I N E S S

EDITOR’SNote

For advertising information:

717-285-1350 or

[email protected]

C

” Christianne Rupp

Vice President and Managing Editor

Our doubts are traitors

and make us lose the

good we often might win,

by fearing to attempt.

~ Jane Addams

~ August 2013 | BUSINESSWoman4

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Contributing Writers LYNDA HUDZICK

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JANE SCHUSSLER

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Website: www.BusinessWomanPA.com

Page 5: Bw0813 issuu

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BusinessWomanPA.com | August 2013 ~ 5

hen Jennifer

Gallia of Hershey

Entertainment &

Resorts was only 7

years old, she started telling people that

she was going to be an attorney one

day.

“From that point on, everything I

did was done with the focus of going to

law school and being a lawyer,” she

said.

Born in Bethlehem, Pa., she

remembers that the justice system was

a frequent topic of conversation

growing up because her father was a

corrections officer. Her desire to make

a difference was encouraged by her

mother, an RN, whose work with many

challenging cases deeply impacted

Gallia.

She earned her associate’s degree in

liberal arts from Northampton

Community College and then

transferred to Moravian College, where

she earned a Bachelor of Arts in

political science and criminal justice in

2000. After graduating from Moravian,

she attended Widener University

School of Law.

Gallia believes that everything

happens for a reason, and so when she

couldn’t find a legal internship the

summer after her first year of law

school, she decided to take a job at The

Hotel Hershey as a concierge, a

decision that would strongly impact

the course of her life.

“As part of the training for the

position, I went on the Hershey Trolley

Works tour of Hershey,” she recalls.

“After hearing about the history and

amazing legacy of Catherine and

Milton Hershey, I knew I wanted to be

an attorney at Hershey Entertainment

& Resorts company (HE&R).”

While working at the Hotel

Hershey, a member of the management

team asked her what she wanted to do

after law school and “without any

hesitation, I said I wanted to be an

attorney for the company,” Gallia said.

“After my second year of law school,

I was again searching for a legal

internship, and I remember a classmate

of mine telling me ‘your’ job is posted

in the Career Development Office—

HE&R was hiring a legal intern for the

summer. I was so excited!”

During the interview, it was made

clear to her that HE&R was not

planning to expand their legal

department, and Gallia was told that

unfortunately, there was no chance of a

fulltime offer after her graduation from

law school. The summer passed, and

“as much as they kept trying to say

goodbye, I kept saying that this is just

goodbye for now,” she said.

As luck would have it, she ended up

working at HE&R as an intern

throughout her third year of law

school, and thus, knowing that she

would not be interested in working

anywhere else, she decided to boldly

draft a proposal to submit to the

general counsel explaining why

expanding the legal department—by

hiring her—would be a good idea.

“My persistence paid off, and I was

offered the position of staff attorney

when I graduated! I still can’t believe

that I have been a part of this company

since 2001 and been practicing law for

10 years.”

W

“”

Be bold, have confidence, don’t limit yourself—

the possibilities are endless.

COVERStoryCOVERStory

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6 ~ August 2013 | BUSINESSWoman

Because HE&R owns and/or

manages a large variety of operations,

Gallia enjoys the fact that there is no

such thing as a typical day for her

because she has the opportunity to

provide all facets of legal counsel for

those various operations.

In a single day, “I could be assisting

with a customs issue, providing

counsel on a human resources matter,

and negotiating a ride purchase

agreement with an international

manufacturer,” she said.

Because the legal department is

small, they are constantly managing

multiple priorities.

“I would say the majority of my

time is spent reviewing and

negotiating a wide variety of contracts.

I also serve as the primary resource for

the company’s compliance with PA

liquor laws … and develop and

administer corporate policies and

compliance programs. I also assist

with our board of directors and

corporate governance matters and

with managing the company’s overall

involvement in Project Fellowship.”

Project Fellowship is a program

that pairs HE&R employees with

Milton Hershey School student homes.

“I am the team leader of an HE&R

Project Fellowship that is paired with

an elementary boys’ student home,”

Gallia said. “We regularly get together

with them and do a lot of fun

activities. The thing I think our boys

love the most is when we ‘show up’ and

go to their school activities … You can

see it in their faces—how much it

means to them to have people there

supporting them and cheering them

on.”

Connecting with the local

community is very important to

Gallia, and something she cares deeply

about is helping homeless animals.

Since 2004, when she first started

volunteering at the Humane Society of

Harrisburg Area (HSHA), Gallia has

known she has a passion for helping

animals and she’s been actively

volunteering there ever since.

She and her husband have two dogs

of their own that they consider part of

the family.

“It kills me to know that

approximately 6 to 8 million dogs and

cats enter animal shelters every year in

the U.S. and that approximately 3 to 4

million are euthanized,” she said.

“HSHA is an animal welfare

organization that serves Cumberland,

Dauphin, Perry, and northern York

counties. They take in more than 4,000

animals yearly, and like so many local

organizations, they rely solely on the

community for support.”

Gallia is a proud recipient of the

Tribute to Excellence Award for the

YWCA of Greater Harrisburg.

“This award has honored close to

500 women for their contributions to

the workplace and community and has

raised hundreds of thousands of

dollars to support YWCA programs

for women, children, and men,” she

said. “To me, this award took on even

greater meaning because I was selected

by my co-workers at HE&R. Needless

to say, I was so honored and humbled

to be selected to be our company’s

recipient of the award.”

Another source of great pride for

her is the fact that she was the first

female attorney at HE&R and is now

happy to share that the legal

department currently is made up of

three females and one male.

“I have always felt respected and

appreciated by employees at all levels

within our company,” Gallia said.

“HE&R is really a special place in that

it embraces not only women

throughout all ranks of the

organization, but has really created an

environment that welcomes all aspects

of diversity and inclusion.”

So what advice might this

successful attorney give to other young

women pursuing a dream?

“Be bold, have confidence, don’t

limit yourself—the possibilities are

endless,” Gallia said. “Develop and

maintain relationships, be resilient and

persistent, and remember whatever

you believe, if you work hard enough

and are committed enough, you can

achieve.”

And while she loves to be directly

involved in as many aspects of the

company as she can, Gallia has also

learned the art of letting go, and that is

advice she is also eager to share.

“I have grown so much personally

and professionally by learning that,”

she said. “I quickly learned early on in

my career that I cannot do it all, but I

have also learned that by letting go, I

get the opportunity to coach and

develop others to help them reach

their full potential.”

Jennifer Gallia, a staff

attorney at Hershey

Entertainment &

Resorts, has been a

part of the company

since 2001.

Page 7: Bw0813 issuu

BusinessWomanPA.com | August 2013 ~

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7

ongress passed The

Family Medical Leave

Act (FMLA) in 1993 in

an effort to protect

employees against job

loss due to illness. According to the

legislation, individuals can be granted

unpaid time off to care for a newborn

or themselves if they become ill or to

care for a spouse, son, daughter, or

parent with a health condition.

In 2008, military family leave

provisions were added.

“These provisions allow families of

National Guard and Reserve

personnel on active duty to take

FMLA job-protected leave to manage

their affairs deemed ‘qualifying

exigencies,’” said Angela Ward,

attorney at Lancaster-based law firm

Going and Plank.

“The rule defines ‘qualifying

exigencies’ as short-notice

deployment, military events, and

related activities; childcare and school

activities; financial and legal

arrangements; counseling; rest and

recuperation; post-deployment

activities; and additional activities

where the employer and employee

agree to the leave,” she said.

Under the FMLA, employees are

guaranteed that group health benefits

will remain unchanged and that they

can return to the same job, or an

equivalent position, at the end of their

leave.

The legislation, which celebrated its

20th birthday in February of this year,

was created by Congress to balance the

needs of employees and employers.

Since the law has undergone many

revisions since its inception,

navigating it can be tricky, and certain

conditions must be met before

employees can take advantage of the

legislation.

Employee Must Work for a “Covered

Employer”

Before an employee is entitled to

the benefits of the FMLA, he or she

must work for a “covered employer,”

which, according to the U.S.

Department of Labor, includes the

following:

• Public agencies, including local,

state, and federal employers, and

local education agencies (schools)

• Private-sector employers who

employ 50 or more employees for at

least 20 workweeks in the current

or preceding calendar year—

including joint employers and

successors of covered employers

Employee Must Have a History with

the Company

In order to take advantage of the

FMLA, employees must have clocked

1,250 hours of service before the leave

begins. According to Ward, these

1,250 hours include only those hours

actually worked for the employer.

“Paid leave and unpaid leave,

including FMLA leave, are not

included. Once those 1,250 hours are

established, then the employer must

provide the employee a total of 12

workweeks of unpaid, job-protected

leave in any 12-month period,” she

said.

For those individuals who may be

considering taking FMLA first and

saving their vacation and sick time for

the future, touching base with your

human resources department to learn

company policy is advisable before

putting any plans in motion.

“An employer may require the

employee to use accrued paid vacation

leave, paid sick leave, or family leave

for some or all of the FMLA-leave

period,” said Ward.

If employer policy does require that

leave be exhausted first, then the

employer is required to inform the

employee in writing of the policy.

Employee Responsibilities

What responsibilities do employees

have when preparing to take leave

through the FMLA?

“The FMLA requires that

employees provide 30 days’ advance

notice when the need is foreseeable,

and as soon as ‘practicable’ when the

need is unforeseeable. This generally

means verbal notice within at least one

or two business days of learning the

need to take the leave,” said Ward.

Employer Requirements

Ward suggests employers provide

workers with an employee handbook,

which explains paid time off/FMLA

guidelines.

“When an employee requests

FMLA leave, a separate, written notice

of the policy must be given to the

Successful ly Navigatingthe FMLA

By STEPHANIE KALINA-METZGER

C

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employee. If the employer fails to

provide notice, the employee could

be entitled to 12 weeks of FMLA

leave, plus any eligible paid time off

accrued,” said Ward.

Furthermore, when an employee

requests FMLA leave, or the

employer acquires knowledge that

leave may be requested under the

FMLA, it is the responsibility of the

employer to notify the individual of

their eligibility within five business

days, absent extenuating

circumstances, according to Ward.

“The eligibility notice must state

whether the employee is eligible for

FMLA leave, and if the employee is

not eligible, it must state at least one

reason why the employee is

ineligible,” said Ward.

According to the U.S.

Department of Labor, FMLA notices

must also be posted summarizing

the provisions of the act and

informing employees on how to file

a complaint.

Although employers are entitled

to verify the legitimacy of FMLA

requests by requiring medical

certification, they must allow the

employee 15 days to produce the

documentation, according to Ward,

and such files must be kept

confidential.

She suggests employers keep a

single, separate, confidential medical

file containing both FMLA and ADA

medical information.

“Employers must understand the

confidentiality requirements under

these two regulations and other

bodies of law that apply to this

information. For example,

employers may not give supervisors

and managers unlimited access to an

employee’s medical files, although

they may give them information

concerning work restrictions and

accommodations.”

Keeping Up with the Changes

Keeping up with the changes in

the law is also essential for both the

employer and employees who may

take advantage of the law.

Stay up to date and informed by

periodically reviewing FMLA

information located at the U.S.

Department of Labor’s website at:

www.dol.gov/whd/regs/compliance/

whdfs28.htm.

CA

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Need help?

• Are you an executive or manager who is

dissatisfied with your career?

• Do you have a burning desire to upgrade your

job performance but have no idea how?

• Do you want a promotion but aren’t sure how

to approach it?

• Do you need a total career change?

If any of these questions strike a chord inside

of YOU, the GOOD NEWS is that you are in the

RIGHT PLACE. You don’t need to figure it all out

on your own. Guidance and support are available.

UPGRADE JOB

PERFORMANCE

SEEK A

PROMOTION

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A TRANSITION

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Owner and President

www.launchinglives.biz • 717-761-5457

1832 Market Street, Camp Hill PA 17011 • 50 Mount Zion Road, York PA 17404

Camp Hill: 717.730.984 • York: 717.718.1414

www.TheDrexelGroup.com

Under the FMLA,

employees are

guaranteed that group

health benefits will

remain unchanged and

that they can return to

the same job, or an

equivalent position, at

the end of their leave.

~ August 2013 | BUSINESSWoman8

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CA

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9

or new moms, the

prospect of returning to

work after the birth of a

child is frequently met

with mixed emotions.

Some mothers are eager to return

to “the outside world” that exists

beyond the new-motherhood cocoon

of diapers and onesies. Others view

the prospect with trepidation, often

born of anxiety over how to blend the

demands of their newest and most

important role with the rigors of the

office workday.

And for mothers who would like to

continue breastfeeding their infant

after coming back to work, the

practicalities of maintaining their

supply of breast milk can be a bit

intimidating. Not only must nursing

mothers cart a host of breast-pump

supplies with them to their jobs, but

they must also find the time and

privacy to express milk multiple times

a day.

But as of March 2010 and the

passing of the Affordable Care Act,

nursing moms have federal backing.

The act included an amendment to the

Fair Labor Standards Act that requires

employers to allow reasonable break

time for nursing mothers to express

breast milk as frequently as needed—

usually two to three times per eight-

hour shift.

According to this “Break Time for

Nursing Mothers” section, employers

must also provide a private, non-

bathroom place for one year after the

child’s birth. This space must be

“shielded from view and free from

intrusion from coworkers and the

public.”

If an entire room is unavailable, the

employer can meet the requirement by

creating a temporary space with

partitions or curtains. Whichever type

of space is provided, the employee’s

privacy needs to be ensured by a lock

on the door or signage that indicates

the room/space is in use.

The nursing mother must also have

a place to sit (not on the floor) and a

flat surface on which to place the

breast pump. Ideally, the location

should have an electrical outlet so that

an electric pump can be plugged in.

Another question on new mothers’

minds is where to store their milk

once they’ve expressed it. Employers

are not required to provide a

refrigerator for nursing mothers, but

they are required to allow her to bring

the pump and an insulated food

container to work for expressing and

storing milk.

If there is a refrigerator available,

nursing mothers are permitted to store

expressed breast milk in it; breast milk

does not pose a safety hazard or

hygiene issue for other employees.

According to the Occupational Safety

& Health Administration, breast milk

does not qualify as a “potentially

infectious material,” nor is it

considered a bodily fluid by the

Centers for Disease Control.

An employer is not required to

compensate nursing mothers for

breaks taken to express milk; however,

if an employer already provides paid

breaks, an employee who uses that

time to pump must be compensated in

the same way that other employees are

compensated for break time. And, if a

nursing employee is not completely

relieved from duty during a break to

pump milk, she must be paid for that

time.

Companies with more than 50

employees “must comply with the law

without exception,” and although

exemptions for smaller companies are

possible, a business with fewer than 50

employees is not automatically

exempt.

The small-business employer

would need to first prove that

providing a nursing mother with the

necessary time and space to pump

breast milk would create an “undue

hardship” or lead to “significant

difficulty or expense when considered

in relation to the size, financial

resources, nature, or structure of the

employer’s business.”

An exemption would only be

granted as the result of an

investigation stemming from an

employee’s complaint; the Department

of Labor does not grant prospective

exemptions.

F

BusinessWomanPA.com | August 2013 ~

Nursing Mothers

Are Protected in theWorkplace By MEGAN JOYCE

“”

For mothers who would like to continue breastfeeding

their infant after coming back to work, the

practicalities of maintaining their supply of breast

milk can be a bit intimidating.

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10 ~ August 2013 | BUSINESSWoman

CA

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Report Affirms Lifesaving

Role of Colonoscopy

– The New York Times February 22, 2012

Contact your family doctor or RGAL regarding your screening colonoscopy

The New England Journal of Medicine reported the results of a

20-year study, which shows that colonoscopy screening prevents death.

visit www.RGAL.com to view and download the entire article.

Three Locations

• Lancaster Health Campus

• Oregon Pike-Brownstown

• Women’s Digestive Health Center

www.RGAL.com • 717.544.3400

If an employee suspects her employer

has violated the FLSA requirement, she

should call the Department of Labor’s

Wage and Hour Division toll-free at

866.487.9243 or find more information

online at www.dol.gov/whd/

nursingmothers.

The “Break Time for Nursing

Mothers” amendment does not specify

any penalties if an employer is found in

violation of the law, but the DOL can

seek injunctive relief in federal district

court and may obtain reinstatement and

lost wages for the employee, according to

the United States Breastfeeding

Committee.

Plus, a nursing employee who takes

breaks to pump milk may have a claim

for disparate treatment if she is treated

differently than employees who take

breaks for other personal reasons.

Finally, if a nursing employee lives in

a state that has its own, stricter laws

protecting nursing mothers, the

standards required by the stronger state

law prevail over the minimum

protections offered by this federal

amendment.

Currently, 45 states, including

Pennsylvania, have laws allowing women

to breastfeed in any private or public

place. Pennsylvania is also one of 28

states that exempt breastfeeding from

public indecency laws.

Twenty-four states now have laws

specifically regarding breastfeeding in

the workplace; Pennsylvania is not one of

them. Nor is it among the 12 states that

exempt nursing mothers from jury duty.

The “Break Time for Nursing

Mothers” section of the FLSA was a

commonsense addition to the now 3-

year-old Affordable Care Act. In

addition to the disease-fighting and

health-promoting benefits for both

mother and baby that breastfeeding

affords, women comprise half the U.S.

workforce and are the primary

breadwinners in almost four out of 10

families.

As demonstrated by a 2008 report

published by the Department of Health

and Human Services, any measures

undertaken by employers to facilitate the

continuance of breastfeeding after a new

mother returns to work will benefit not

only the mother, but also the business

she serves—in terms of decreased

absenteeism, reduced healthcare claims,

and increased retention of its valuable

female employees.

The Women’s Expo was by far our largest, most energetic event

we’ve participated in … The coordination and planning for the

day of the event were executed perfectly. We will definitely be

back again!”Sarah S.

Awakening Massage and Wellness Center

Page 11: Bw0813 issuu

CA

REER

avigating discrim-

ination and retaliation

issues in the workplace

can feel like walking

through landmines. When is making a

joke harassment? Can you dislike

someone? When does an employee’s

behavior cross a line? How does a

business protect itself?

Attorney Wanda Whare with

Nikolaus & Hohenadel, LLP, in

Lancaster, Pa., advises all employers

to have an anti-harassment,

discrimination, and retaliation policy

that includes in it the requirement that

employees report incidents of

discrimination, harassment, and

retaliation.

“Every employer needs to have one,

no matter what,” said Whare.

“The employer is

the one who is required

by statute not

to discriminate, so

the employer is sued,

not the employee

who made the

discriminatory remark.”

The anti-harassment

and discrimination

policy protects the

employer from the

actions of their

employees and vendors. An employer

is at risk even if it has no knowledge of

the discrimination.

Two 1998 U.S. Supreme Court cases

found vicarious liability against an

employer for harassment by a

supervisor. The employer was held

responsible for harassment, even

though management was unaware of it.

This has far-reaching implications

for employers who do not have a policy

that requires employees to report

harassment, said Whare.

“If your employer doesn’t have a

policy and your supervisor harasses

you, even if your employer (i.e., upper

management) doesn’t know about that

harassment, the employer is vicariously

liable for the actions of the supervisor,”

said Whare.

“If the employer has a policy

requiring employees to report

harassment to certain individuals in

the company (such as the president

and/or director of human resources)

and the employee does not report the

harassment, that employer is not

vicariously responsible for the

harassment. That’s why the employer

needs to have a policy.”

Disliking someone does not

constitute discrim-

ination, but the

employer is prohibited

from discriminating

against an employee

because he or she is a

member of a protected

class. Protected

classes, which are

defined in the various

state and federal anti-

discrimination laws,

include race, color,

religion, age, disability, national origin,

immigration status, sex, and, a new

category, genetic information. Note

that anyone can be subject to sexual

harassment, male or female, from the

same or opposite sex.

“The employer or a supervisor can

dislike anyone as long as the employer

or supervisor doesn’t violate the law,”

said Whare. “Certain actions are

prohibited under the law, but, for

example, the supervisor may dislike

you or discriminate against you

because you drive a Ford. That is not a

violation of law. Just because your

supervisor doesn’t like you doesn’t

mean you have a claim.”

Genetic information is a newly

protected category. An example of

discrimination on the basis of genetic

information may be that your employer

discovers that you have the gene that

predisposes you to breast cancer, and

the employer fires you because the

employer does not want to incur the

costs associated with treating the

cancer.

Even if it is ascertained that there

has not been an actual case of

discrimination, once an employee files

a discrimination report, retaliation

sometimes does occur because an

employee has filed the claim. This

retaliation is a violation of the law.

“Even though you don’t have a true

N

Will a

Non-Discrimination Policy

Protect Your Business?

Will a

Non-Discrimination Policy

Protect Your Business?

By CIVIA KATZ

11BusinessWomanPA.com | August 2013 ~

”“

Treat people fairly

and document

everything.

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CA

REER

12 ~ August 2013 | BUSINESSWoman

harassment case, it could be a retaliation

case if the employer retaliates against you

because you filed a claim,” said Whare,

who said that this is a fast-growing area of

claims.

Whare recommends that, if an

employee is feeling harassed or

discriminated against, the employee

should report it to the people noted in the

company policy, or, if there is no policy,

to someone in management, and the

company is obligated to investigate the

complaint. The employer must take

action if there was discrimination or

harassment, which may include training

or disciplinary action against the

employee(s) who is (are) responsible.

An employer should have at least two

people within the company to whom

employees can report the discrimination.

That way, if one of these named persons is

the harasser, the employee can chose to

report to the other named person.

Discrimination is difficult to discern.

“A lot of situations are just about fun,

but some go over the edge,” said Whare.

“Employers need to be very careful about

allowing that kind of thing to happen.

They have to look at the totality of

circumstances, but, to be safe, employers

need to clamp down on employee actions

that may lead to someone feeling that

they have been harassed. For example,

employers should not allow the display of

derogatory posters, cartoons, or drawings

or other verbal or physical conduct of a

sexual nature. ”

Generally, the EEOC gives an

employee 300 days and the PHRC 180

days from an incident to file a claim.

However, Whare recommends moving

quickly if you feel you have a case.

For a business, it becomes critical to

have a harassment and discrimination

policy in place as well as to monitor the

actions of employees. Fairness may be the

best defense against any adverse legal

action.

“Treat people fairly and document

everything. If someone isn’t doing a good

job, document it. And treat everyone the

same,” said Whare. “Try to be consistent.

If you see [lewd] posters or calendars,

take them down. Let the person who

posted them know it’s not permitted. If

you hear lewd or discriminatory

comments, warn the employee that such

comments are not allowed. Further,

employers should regularly train

employees regarding these kinds of

things.”

Page 13: Bw0813 issuu

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Page 14: Bw0813 issuu

LIFESTYLE

14 ~ August 2013 | BUSINESSWoman

Workplace Supplies Go Sustainable

We’re all trying to conserve

resources and to recycle when and

what we can. It’s good to know there

are sustainable office products that

help us to not only work efficiently,

but to also provide a safer alternative

for both you and the planet.

Clipfolio

Offered in a variety of

colors and patterns, the

clipfolio is made from

100 percent recycled

paperboard.

Eco-Calculator

This calculator is

constructed from 100

percent recycled casing

and buttons and is made

from recycled ink and

toner cartridges, which

help reduce the amount

of waste in landfills.

Wirebound

Notebooks

In a variety of sizes, these

wirebound notebooks are made

from sugarcane byproducts,

which means fewer trees are

cut down and a rapidly

renewable resource is

maximized.

Stapler

The stapler is made

from recycled plastic,

ink, and toner

cartridges, which is

an innovative way to

create new products

and to reduce

waste.

All of the products shown are Sustainable Earth by Staples™ and are available at your local

Staples store or online at www.staples.com/sustainableearth.

Page 15: Bw0813 issuu

LIFESTYLE

15

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issue!

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Page 16: Bw0813 issuu

LIFESTYLE

Women –

Protect Yourself

Legally for Life

By JANE SCHUSSLER, ESQUIRE, and JODY A. LEIGHTY, ESQUIRE

emember those days

when you were young,

and you lived a life

full of fun and

spontaneity? While you still may be

young at heart, living a spontaneous

life now, as an adult, can have dire

consequences.

To be successful, and stay

successful, every woman must think

smart and strategically. This article

will give you a little guidance on

what that means.

Be Careful What You Post

Social media plays a big part in

nearly every facet of daily life. But

think before you post

because information that

you share is accessible not

just to your friends, but

also to the world.

Employers routinely

check out social media on

prospective and current

employees. Attorneys

have used postings in

custody and criminal

trials, much to the

surprise of the “poster.”

So, remember, an

offhand comment that

you view as harmless fun

can be used against you.

Use Your Head When

Following Your Heart

Love and marriage are

wonderful things, and

you never like to think of

failure when entering

into a marriage. In today’s society,

however, divorce is common.

When entering into marriage,

every woman must consider

whether she needs a prenuptial

agreement. You may need a

prenuptial agreement if you:

• Plan to marry someone on their

second or third marriage

• Have children from a first or

second marriage

• Have major assets

• Expect a major inheritance or gift

• Have a business, family business,

or farm

Without a prenuptial agreement,

every asset and dollar acquired

during marriage, other than by gift

or inheritance, is considered a

marital asset. This means that upon

divorce, it will be divided between

the husband and wife.

Furthermore, if you receive a gift

or inheritance, any appreciation in

value of that gift or inheritance

during marriage is a marital asset.

A prenuptial can change this

outcome. You and your fiancé can

negotiate a different result that

meets your needs and preserves

your assets.

Titling of Assets

Be careful whose name goes onto

bank accounts, deeds, and other

assets. We have seen many women

who owned their homes prior to

marriage and were later told by a

lender to put their husband’s name

on the deed and mortgage during a

refinance.

If she does this, she has

inadvertently gifted the entire asset

to the marriage, and now the entire

asset is subject to equitable

distribution if there is a divorce.

The same is true of the

inheritance the woman receives

from her parents when she deposits

it into a joint bank account. That

asset is no longer just hers.

She has gifted it to the marriage,

and it will be divided upon divorce.

R

~ August 2013 | BUSINESSWoman16

To be successful,

and stay

successful, every

woman must

think smart and

strategically.

Page 17: Bw0813 issuu

17

LIFESTYLE

BusinessWomanPA.com | August 2013 ~

Prenups Are Not Just for Divorce:

Estate Planning

Many women have children from a

first marriage when they remarry. A

proper prenuptial agreement can

protect any inheritance that she wants

to leave to her children, without the

interference from husband No. 2.

Without a prenuptial agreement,

husband No. 2 is entitled to his spousal

elective share when his wife dies. This

means that regardless of what her last

will and testament says, husband No. 2

gets a one-third share of her entire

estate. So while she may have left

everything to her kids, husband No. 2

still gets his one-third share.

To alter that outcome, a prenuptial

agreement will include a paragraph

where each spouse waives his or her

right to the elective share. The result is

that each spouse will only get what is

either jointly owned or what he or she

is specifically given in the will.

Understand How Your Assets Will

Pass at Death

Most people think that everything

they own will pass according to their

will when they die. That is not true.

There are three ways that assets pass at

death: joint ownership, contract

beneficiaries, and last will and

testament.

Assets that are owned jointly with

the right of survivorship will pass

directly to the survivor named on the

asset. Most couples own their house,

bank accounts, and vehicles in this

way.

Some assets have a named

beneficiary on a contract. For example,

life insurance, pension plans, IRAs,

and annuities all require you to name a

beneficiary. When you die, that money

is paid directly to your beneficiary.

Any asset that is not jointly owned

and that does not have a beneficiary on

it will pass through your last will and

testament.

It is important to view these three

methods of transfer as puzzle pieces.

You must look at all three pieces and

make sure that they are consistent and

fit together to achieve your overall

dispositive scheme upon your death.

Everyone Needs a POA, Not Just Your

Aging Parents

Everyone over the age of 18 needs a

power of attorney. A power of attorney

appoints someone to act on your

behalf if you are unable to act on your

own. It covers matters such as using

your bank account, taking care of tax

matters, making healthcare decisions,

and just about any kind of decision

that you would make to run your daily

life.

Most people do not get a power of

attorney until they become older, but

tragedy can happen at any age.

Without a power of attorney, if you or

a loved one is incapacitated because of

illness or accident, there has to be a

guardianship hearing in court to have

a guardian appointed for the

incapacitated person.

A very simple document, the power

of attorney can avoid an expensive

guardianship hearing. In addition,

guardianship hearings are emotional

and heart wrenching, particularly

when it is necessary because of an

accident or tragedy.

Surround Yourself with Good

Advisors

Lastly, our world is incredibly

complicated and difficult to navigate

alone. It is important for every woman

to surround herself with good advisors.

We definitely recommend the team

approach: a good accountant, a good

attorney, and a good financial advisor.

Living smart and strategically is not

nearly as sexy and exciting as living

spontaneously and carefree. But, doing

so will save you a lot of headaches in

the end.

Jody A. Leighty is an attorney and

shareholder at Stock and Leader, a full-

service law firm in York, Pa. She practices

in the areas of real estate, estate planning,

and estate administration. When not

practicing law, she is a chauffeur for her two

children.

Jane H. Schussler is an attorney and

shareholder at Stock and Leader. She

practices in the area of family law and is a

collaborative family law attorney. When not

practicing law, she practices golf with her

husband and plays games with her

grandchildren. www.stockandleader.com

Page 18: Bw0813 issuu

E

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Join Us!

The premier Lebanon County

women’s expo and the

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Women of all ages have enjoyed these

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717.285.1350

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9 a.m. – 3 p.m.Lebanon Expo Center

80 Rocherty Road

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omen’s xpo

Cumberland County

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9 a.m. – 3 p.m.Carlisle Expo Center

100 K Street

Carlisle

Premier

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or exhibitors that offers information about:

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and more!

Page 19: Bw0813 issuu

BusinessWomanPA.com | August 2013 ~ 19

WELLN

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You bring the talent, we’ll provide the stage!

For more information, updates, or an application: 717.285.1350 • www.SeniorIdolPA.com

Do you dance … sing … play an instrument … perform magic … do comedy?

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Pennsylvanians over 50 are invited to audition for the eighth annual

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October 14, 2013 at:

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Emcee:

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Tuesday, August 27

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Win a limousin

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Page 20: Bw0813 issuu

WELLN

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20 ~ August 2013 | BUSINESSWoman

iddle age has its

benefits—with age

comes wisdom and

increased confidence

as you enter your peak earning years.

You find yourself with more free time

since your children are raised, and you

may be enjoying spending those

extra hours with your precious

grandchildren.

What possibly could rain on this

parade? Enter “the Big M.”

Menopause often occurs between

the ages of 51 and 56, although every

woman is different and some females

experience it earlier, or even later.

When “the Big M” comes knocking at

the door, it can throw even the

healthiest woman into a tailspin,

ushering in hot flashes, otherwise

known as “vasomotor symptoms,” as

the ovaries cease egg production.

As the body produces less estrogen

and progesterone, these hot flashes

can become more frequent. It’s

estimated that two-thirds of American

women have experienced the

sensation of extreme heat, followed

by perspiration and sometimes chills.

The hypothalamus, otherwise

known as the body’s thermostat,

becomes confused and sends

messages to the brain that it is “too

hot.” It’s not unusual for a woman’s

temperature to rise 6 degrees during

an episode, causing some beleaguered

females to refer to this uncomfortable

condition laughingly as their “own

personal vacation.”

They say laughter is the best

medicine, but it’s no laughing matter

when you’re sitting in a meeting with

all eyes on you and you are suddenly

forced to cast off layers of clothing just

to avoid feeling like you’re sitting on

the ground in the middle of Death

Valley. It’s also a disappointment when

you awaken in the middle of a

swimming pool of sweat around 3

a.m.

The good news is that misery can

be stopped dead in its tracks,

according to Dr. Theresa Burick, of

the Mechanicsburg-based Burick

Center for Health and Wellness.

“During menopause, women will

often experience hot flashes, night

sweats, weight gain, irritability, mental

fogginess, and hair loss, which we can

treat after the necessary testing,” she

said.

Her office staff begins by ordering

a physical and gynecological exam,

along with a mammogram.

“Once these studies have been

done, we meet with the patient to

M

By STEPHANIE KALINA-METZGER

“”

When ‘the Big M’ comes knocking at the door, it

can throw even the healthiest woman into a

tailspin, ushering in hot flashes.

Page 21: Bw0813 issuu

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determine how bothersome their

symptoms are,” she said. After that

determination is made, Burick will

recommend treatment, such as

hormone replacement.

Not everyone is a candidate

for prescription-strength hormone

replacement therapy. Those who have

a personal history of breast cancer, or

a first-degree relative with the disease,

will be treated by alternative methods,

according to Burick.

Sometimes Burick will recommend

bioidentical hormones, which are

custom made at a compounding

pharmacy, but individual treatment is

based on the needs of the patient and

their hormone levels.

“The best way to measure those

levels is to use a saliva-test kit, which

measures estrogen, progesterone,

testosterone, DHEA, and cortisol,” she

said.

In the case of bioidenticals, the

compounding pharmacy can create

the treatment in an oral or a topical

form.

“The topical form is a cream you

can apply to your inner thigh, or your

arm, to be used on a daily basis. It is

absorbed through the skin and into

the bloodstream,” said Burick. “Some

people do not like to take pills; they

prefer the topical. The topical is nice

because it bypasses the liver.”

It should be noted, though, that

bioidentical hormones are not FDA

tested and, therefore, are not approved

by the FDA.

Emily Burkholder, a women’s

healthcare nurse practitioner at May

Grant Associates in Lancaster, said

that her practice begins by discussing

different options for women who are

having vasomotor symptoms that are

interfering with their patient’s quality

of life.

Options include behavior

modification, hormone replacement

therapy, other medications that might

be helpful in reducing symptoms, the

herb black cohosh, and even

acupuncture.

“We advise our patients to begin

eliminating hot flash triggers—stress,

alcohol, caffeine, smoking, spicy

foods,” she said. “In addition, we

advise them to maintain a healthy

weight and exercise regularly.”

If the patient is still suffering after

behavior modification, then

Burkholder will assess the patient and

decide on the next step in treatment,

which could be hormone replacement

therapy (HRT). The FDA has

approved hormone replacement

therapy (HRT) drugs, which are sold

by prescription only.

A controversial hormone

replacement therapy study was

released in 2002, which had many

patients steering clear of the

treatment, but Burkholder advises

women to not be overly alarmed.

“That study was very helpful and

because of the information gathered

from the study, the way we prescribe

hormones was changed … We

prescribe the lowest dose for the

shortest amount of time. The

recommendation for being on HRT is

no longer than three to five years,” she

said.

“For those who aren’t good

candidates for hormonal treatments,

antidepressants like Paxil and Effexor

often help as well as the anti-seizure

medicine Neurontin. For some, blood

pressure medicine has helped as well,”

she said.

For those who want to try an

herbal method to reduce menopausal

symptoms, Burkholder suggests black

cohosh, which can be found at any

health-food store.

Some patients choose acupuncture

as another alternative method in their

quest for relief, an option Burkholder

says aids many.

Because there are many ways to go

about winning your fight against “the

Big M,” you may want to discuss your

choices with your doctor. Whether

you choose behavior modification,

hormone replacement therapy,

bioidenticals, alternative measures, or

a combination, the best tool in your

arsenal is knowledge.

“You don’t have to suffer through

the symptoms of hormonal loss; you

can treat symptoms and be

comfortable,” said Burick.

BusinessWomanPA.com | August 2013 ~

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22 ~ August 2013 | BUSINESSWoman

Susan J. Heinle, president and CEO ofVisiting Angels of York and Hanover, wasrecently appointed to the PennsylvaniaAlzheimer’s Disease State PlanningCommittee by Governor Tom Corbett.The committee will work to create a stateplan to address the growing Alzheimer’sdisease crisis in Pennsylvania.

WOMEN TOWatch

ACHIEVEMENTS &Applause

Robin Dobson, chief compliance andstrategic officer of Masonic Villages,recently passed the exam to becomeCertified in Healthcare Compliance(CHC)®. This certifies her expertise incompliance processes and regulations,which allows her, through organizationalintegrity, to address legal obligations.

Debra K. Simon, CPA, the COO ofSF&Company, CPAs and BusinessAdvisors, has been appointed to theboard of directors of the York CountySociety for the Prevention of Cruelty toAnimals and will serve on its humanresource and finance committees.

Cindy Davidson has been nameddirector of sales and marketing forCorexcel, an online learning company.Davidson comes to Corexcel with morethan 30 years of sales and marketingexperience in senior-level sales andmarketing positions.

Kathy Geller Myers, a 22-year PR veteran, recently joinedWhite Good, a marketing communications company inLancaster. Her background includes a breadth of issue-basedPR, including early education, postsecondary educationaccess, and health and wellness, as well as consumer PR.

Erin Hammons has been hired as account director forGavin™ Advertising, a full-service advertising, marketing,and public-relations agency. Hammons has more than adecade of sales and marketing experience within thedomestic and international markets.

Do you have an announcement?

Please email your announcements of career advancements and professional new hires to [email protected]. Electronic photos should be saved as a tiff, jpeg, pdf or

eps at 300 dpi. Or mail to: BUSINESSWOMAN, 3912 Abel Drive, Columbia, PA 17512. Photos sent through mail will not be returned. Please – no duplicate releases.

Kelly K. Neiderer has joined Mid PennBank as senior vice president and seniorbanking officer. Neiderer has more than24 years of financial-services experience.Her community service includes beingthe board president of The Arc ofCumberland & Perry Counties.

Rachel Vandernick has joined FP+A asthe marketing coordinator.

Rebecca Prehoda been named asbranch manager for Members 1stFederal Credit Union’s Hanover branch.Previously, Prehoda was a branchmanager at Regal Bank & Trust inMaryland.

While We Were Out ...While We Were Out ...Carlisle Area Family Life Center

Carlisle Area Family Life Center’s Lori Peters, center,

receives a donation from F&M Trust’s Dave Winters,

left, community office manager, and Kevin Stoner,

right, community office manager.

SEND US YOUR

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American Business Women’s Association (ABWA)

Camelot Chapter

6 p.m.

3rd Monday of the month

The Radisson Penn Harris Hotel & Convention Center,

Camp Hill

Tania Srouji, President

www.abwacamelot.com

Continental Yorktowne Chapter

6 p.m.

4th Tuesday of the month

The Roosevelt Tavern

400 W. Philadelphia St., York

Jeanne Weicht

[email protected]

Ephrata Charter Chapter

6 p.m.

1st Monday of the month

Olde Lincoln House

1398 W. Main St., Ephrata

Carol Gilbert, President

[email protected]

Lancaster Area Express Network

7:15 – 9 a.m.

3rd Wednesday of the month

Lancaster Country Club

1466 New Holland Pike, Lancaster

Kathleen King

717.305.0206

[email protected]

www.LAEN-ABWA.com

Lebanon Valley Chapter

6:30 p.m.

4th Wednesday of the month

Hebron Hose Fire Company

701 E. Walnut St., Lebanon

Penny Donmoyer

717.383.6969

www.abwalebanonpa.com

Penn Square Chapter

11:45 a.m. – 1 p.m.

2nd Thursday of the month

Hamilton Club

106 E. Orange St., Lancaster

Dottie Horst

717.295.5400

[email protected]

Women at Work Express Network

11:30 a.m. – 1:15 p.m.

2nd Thursday of the month

Heritage Hotel

500 Centerville Road, Lancaster

Virginia Klingensmith

[email protected]

Yellow Breeches Chapter

6 p.m.

4th Wednesday of the month

Bob Evans

1400 Harrisburg Pike, Carlisle

Leslie Shatto

[email protected]

Central PA Association for Female Executives (CPAFE)

Aug. 7

7:30 – 9 a.m. (Registration Required)

Giant Super Foods, Community Room

2300 Linglestown Road, Harrisburg

Carol Fastrich

717.591.1268

[email protected]

www.cpafe.org

Executive Women International

Harrisburg Chapter

5:30 p.m.

3rd Thursday of the month

Rotating location

Cynthia A. Sudor

717.469.7329

[email protected]

www.ewiharrisburg.org

Harrisburg Business Women

11:30 a.m. – 1:30 p.m.

2nd Tuesday of the month

Best Western Premier Central Hotel & Conference Center

800 E. Park Drive, Harrisburg

Lynne Baker

717.975.1996

[email protected]

[email protected]

www.harrisburgbusinesswoman.org

Insurance Professionals of Lancaster County (IPLC)

5:45 p.m.

3rd Tuesday of the month

Heritage Hotel

500 Centerville Road, Lancaster

Krista Reed

717.945.4381

[email protected]

www.naiw-pa.com/lancaster.htm

International Association of Administrative Professionals

Conestoga Chapter

5:30 p.m.

4th Tuesday of the month

Woodcrest Villa

2001 Harrisburg Pike, Lancaster

Barbara Tollinger

[email protected]

www.iaaplancaster.com

Harrisburg Chapter

5:30 p.m.

3rd Monday of the month

Holiday Inn Harrisburg East

Lindle Road, Harrisburg

Karen Folk, CAP-OM, President

Jodi Mattern, CAP, Webmaster

[email protected]

www.iaap-harrisburg-pa.org

White Rose Chapter of York

6 p.m.

3rd Wednesday of the month

Normandie Ridge

1700 Normandie Ridge Drive, York

Dorothy Keasey

717.792.1410

[email protected]

Mechanicsburg Business Women

11:30 a.m. – 1:30 p.m.

3rd Wednesday of the month

Flavours ETC Catering

5222 E. Trindle Road, Apt. D, Mechanicsburg

Abeer Srouji

[email protected]

www.mechanicsburgbusinesswomen.org

Pennsylvania Public Relations Society

5:30 p.m.

Last Thursday of the month

Kim Barger, President

717.979.8792

[email protected]

www.pprs-hbg.org

Shippensburg Women’s Area Networking (SWAN)

Noon

1st Wednesday of the month

Rotating location

Lisa Mack

717.609.3781

[email protected]

Women’s Business Center Organization (WBCO)

11:30 a.m.

2nd Tuesday of the month

Alumni Hall, York College of PA

Mimi Wasti

[email protected]

Women’s Network of York

11:30 a.m.

3rd Tuesday of the month

Outdoor Country Club

1157 Detwiler Drive, York

Therisa La Cesa

717.495.7527

[email protected]

www.wnyork.com

W O M E N ’ S N E T W O R K I N G G R O U P S

BusinessWomanPA.com | August 2013 ~

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info to [email protected].

MEET ANDGreet

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