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| HR and the Law in the News August 2010, Volume 9, Issue 8 |
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| HR and the Law in the News August 2010, Volume 9, Issue 8 |
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And the Beat Goes On (and On...and On...) The November 2009 edition of the newsletter addressed a plethora of regulatory and legislative activity. The former continues and does not seem to be slowing down. Consider the following: July 23rd - The U.S. Office of Federal Contract Compliance Programs (OFCCP) published an Advance Notice of Public Rule Making (ANPRM). The notice in anticipation of the OFCCP's efforts to find ways to strengthen its regulations requirement federal contractors to take affirmative action to employ and advance in employment qualified individuals with disabilities. The ANPRM seeks comment on 18 questions or proposals, including requiring employers with written APP requirements to conduct the utilization analyses and establish hiring goald for individuals with disabilities as they currently are required to do fopublication of a proposed rule to modify the requirements for written affirmative action plans (AAP). The notice and comment period closes on September 21, 2010. July 22nd - The U.S. Equal Employment Opportunity Commission (EEOC) celebrated the 20th anniversary of the Americans with Disabilities Act (ADA). It reported that from 1993 to 2009, ADA charges rose from 17.4% of all charges filed with the EEOC to 23%. As a part of this celebratory event, the EEOC Chair stated, "While blatant forms of discrimination have receded, more sophisticated, but equally effective methods of restricting employment opportunities have emerged – not only for people with disabilities, but also on the basis of race, color, national origin, religion and sex...The EEOC will continue to work to meet new and emerging challenges in order to ensure the equality of employment opportunity to all." July 20th - The U.S. Department of Labor (DOL) announces a workplace flexibility initiative as part of the White House's "Middle Class Task Force." The goal of the Task Force is to end wage discrimination while improving pay equity and work/life balance. Initiatives will include cross-agency cooperation between the DOL, OFCCP, Department of Justice, EEOC and more. The DOL also recently announced a new strategy "Plan/Prevent/Protect" to leverage agency resources in meeting its 2010 regulatory agenda. The press release provides that, "Fortunately, many employers and other regulated entities have a culture of compliance...these compliant employers and other regulated entities should be congratulated for their responsible behavior. No government intervention in their workplaces is required to achieve compliance." Yet the strategy also provides that the regulatory proposals will, "require regulated entities to take three steps to ensure safe and secure workplaces and compliance with the law."
July 15th - DOL announces the publication of the Wage and Hour Division's Fact Sheet #73, "Break Time for Nursing Mothers under the FLSA." Employers must generally provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk.” Employers are also required to provide “a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.”
So What Now? The regulatory agendas reach into 2011. Be sure you and your company are well connected with a state or local chamber of commerce, SHRM and/or your local chapter, and/or a professional or trade association to help you stay abreast of regulatory and legislative developments. And, of course, continue to read this newsletter! For more timely updates, you may also follow Ms. Walters on TwitterTM at www.hrpeeps.net Hot Hits!! Education Corner August's Public Seminars & Presentations Presented by Christine V. Walters, MAS, JD, SPHR No public speaking engagements scheduled for July. Yet Again! Not just your average speaker! Ms. Walters was once again rated a better-than-average presenter at the SHRM Staffing Management conference held in Buena Vista, FL in May 2010. Ms. Walters she gave two presentations during the conference to nearly 200 attendees receiving an overall, average rating of 4.31 on a 5.0 scale as compared to other speakers' average rating of 3.75. Is your professional or trade association looking for an engaging and dynamic speaker to address employment/HR issues? Want a sneak peek? See a brief video clip of Ms. Walters in action. Recent & Upcoming Client Training Programs "HR & the Law for Managers" NEXT WEBCAST! August 25, 2010 10:00 - 11:00 a.m. EST "Workplace Investigations: Art or Science?" Recent headlines tout stories of people who have been wrongly accused or fired. What happened? Are all the facts not properly vetted before adverse employment action is taken? Join this interactive webcast as we review some tips and tools for conducting prompt and proper workplace investigations. Click here and then click on the "Upcoming" tab to register (still just $35 per person). This webcast is pre-approved by HRCI for 1.0 general credit hour
Interviewing Pitfall: Subjective Ratings Scales In a recent case the 8th U.S. Circuit Court of Appeals ruled that an employer's system for rating candidates created legal liability subject to a violation of Title VII of the Civil Rights Act of 1964. (Torgerson v. Rochester) The employer used three factors to assess candidates' qualifications: The court found the written and agility tests to be objective measures of candidates' qualifications. By the employer's own admission, the panel interview scores were subjective. When a native American male and female were not hired, despite the fact that they passed the written and agility tests they filed suit alleging discrimination based on race and gender under Title VII. The court found the plaintiffs had established a prima facie case of discrimination and overruled the lower court and remanded the case to a jury trial. Lessons Learned? Review your recruitment, selection and hiring policies, practices and procedures. While subjectivity cannot be entirely removed from these processes reducing the subjective components can go a long way to reducing legal liability. Want to learn more? If you missed FiveL Company's July webcast, "WHOOPS! Avoiding Legal Liability in Your Recruiting Process" you can still register for the archived version. Just $25 per person. Bright Light On June 23rd USA Today reported that U.S. CEO's hiring plans were at a 3-year high with 39% expecting to increase their payrolls in the second half of 2010. Spotlight When was the last time your management team members asked for a full day of training? That's what happened following a recent 1/2 day client training program presented by FiveL Company. One management team member wrote, "I would make this a full day program for all employees" and the entire management team rated the quality and practicality of the information a 5.0 (on a 5.0 scale)! Are you planning on-site or web-based training for your staff and/or management team members? Visit the website or call FiveL Company today for an estimate. This newsletter does not constitute the rendering of legal advice. For legal guidance on any particular issue(s) you should consult with your company's legal advisor or contact FiveL Company directly.
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