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| HR and the Law in the News April 2009, Volume 8, Issue 4 |
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U.S. EEOC's FY '08 Report Shows Latest Trends On March 11th the U.S. Equal Employment Opportunity Commission (EEOC) published its report for Fiscal Year 2008, which ended on September 20, 2008. The agency received a record number of discrimination charges, 95,402, which was not only record breaking but also a 15% increase from the previous year. In its report, the Commission links the increase, in part, to economic conditions, "The surge in charge filings may be due to multiple factors, including economic conditions..." Which bases had the largest percentage increase in charges filed? Age and retaliation. And which bases represented the greatest number of charges filed? They were:
The figures add to more than 100% because Complainant's may file a charge citing more than one basis for discrimination. If any of this sounds familiar, it should. The results were quite similar last year when the Commission published its 2007 FY report, which revealed a nine percent increase over the prior year and a record number of total charges filed. In March 2008 the Commission issued a very similar statement, "the jump in charge filings may be due to a combination of factors including...changing economic conditions." Practical Application. What does this mean for employers? It may have never been more important to ensure you are proactive in monitoring your adverse employment actions. Many employers are currently implementing or considering some type of modified staffing such as mandatory reduction in hours, furloughs, reducing full-time employees to part-time and/or layoffs. Ensure you are conducting an adverse impact analysis prior to implementing any of the changes as well as ensuring you are in compliance with related federal and state laws that may provide for advance notice, specific content of rights in the notice, waivers of rights in severance agreements and more. For a few quick tips go to the article below, "Walters Featured in SHRM Video..." to watch a brief video (2 minutes). And for more tips register for FiveL Company's webcast on April 22nd, "Strategic Staffing in Today's Economy." Hot Hits!! Education Corner April's Public Seminars & Presentations Tuesday, April 28th, "WHOOPS! Avoiding Legal Liability in Your Staffing Procedures" presented during the 2009 SHRM Staffing Management Conference, Las Vegas, NV. April's Client Training Programs "Managing Change in Changing Times" NEXT WEBCAST! Wednesday, April 22nd, "Strategic Staffing in Today's Economy" 10:00 - 11:00 a.m. EST. Register today! This webcast has been pre-approved by HRCI for 1.0 general credit hour.
Annual webcast subscriptions for 2009 are still available; register for the year and GET ONE FREE! Discounts are also available for groups of 5 or more. Archived are not eligible for continuing education credits through HRCI. Visit the website for more detailed information. New I-9 Form and Handbook for Employers: Eff. 4-3-09 Employers should begin using the new I-9 Form and the revised Handbook effective Friday, April 3, 2009. You should not use the new Form prior to that date. Click here to download the new Form and Handbook. The Brighter Side
Walters Featured in SHRM Video on Staffing Issues SHRM recently published a new video on reducing workers' hours as a method to avoid lay-offs featuring Ms. Christine V. Walters, MAS, JD, SPHR. Ms. Walters is a member of SHRM, currently serves as the Government Affairs Director for the Maryland SHRM State Council and is a former member of SHRM's Employment Relations panel as well as the Legislative Action Committee. Click here to view this brief video (2 minutes). Spotlight! Between the economy, legislation, regulation and proposed changes to how unions organize, managers are facing even more challenges to support, motivate and proactively manage their employees. "Managing Change in Changing Times" is a program designed to address some proactive management strategies that may or may not include union avoidance, depending upon the client's preference. Edie McGreevey, HR Director for The Class Produce Group recently wrote this following a presentation of this program to her management team members, "This training was very well received by the audience. I didn't see a glazed eye! Thanks for all the effort you put into it." Thank YOU Edie! Are you looking for engaging and practical training programs for your management team members? Click here for a list of some of FiveL Company's more frequently requested training programs or contact FiveL Company for a more detailed listing, description and fee schedule.
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