|
|
| HR and the Law in the News February 2009, Volume 8, Issue 2 |
|
|
| HR and the Law in the News February 2009, Volume 8, Issue 2 |
|
Supreme Court Decision: A No-Brainer? On January 26th, the U.S. Supreme Court ruled that an employee who participates in an internal workplace investigation has the same right to be free from retaliation as the employee who initiated a complaint. Title VII of the Civil Rights Act of 1964, which covers employers with 15 or more employees, makes it unlawful for an employer to discriminate against any ... employee who (1) has opposed any practice made an unlawful employment practice by this subchapter (known as the opposition clause), or (2) has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter (known as the participation clause). So the question arose as to whether the no-retaliation rights apply to (1) an employee who has not actively opposed workplace conduct such as unlawful harassment but merely answered questions posed to him or her; or (2) who has not participated in any administrative agency charge such as the U.S. EEOC or a state or local commission? Let's think about that. How successful is your investigation really going to be if your employees who are potential witnesses felt they could be subjected to retaliation for talking to you? Not very! You would likely get no response at all or only what the employee-witness thought you wanted to hear. Interestingly, the lower court and the 6th U.S. Circuit Court of Appeals in this case had both ruled in favor of the employer. Amusingly, the Supreme Court describes this "No-Brainer" decision this way, "Nothing in the statute requires a freakish rule protecting an employee who reports discrimination on her own initiative but not one who reports the same discrimination in the same words when asked a question." Historically, FiveL Company has recommended that employer's harassment policies expressly state that no employee may be subjected to retaliation for expressing a concern related to unlawful harassment or for participating in a related investigation. What is the difference now? It is not just a proactive recommendation; it is a legally protected right! Hot Hits!! Education Corner February's Public Seminars & Presentations Thursday, February 19th, "Employment Law, Legislative & Regulatory Update," presented for the HoCoHRS 8:00-10:30 a.m., Columbia, MD Mondays/Wednesdays February 16th - 25th, HR Academy, a Series of topics presented for the ABC Baltimore-Metro Chapter, 3:00 - 5:00 p.m., Towson, MD February's Client Training Programs "HR & the Law for Managers" NEXT WEBCAST! Wednesday, February 25th, "Employee Handbooks: Read 'Em and Weep?" 10:00 - 11:00 a.m. EST. Register today! This webcast has been pre-approved by HRCI for 1.0 general credit hour.
Discounted annual webcast subscriptions for 2009 are still available. What are attendees from the January webcast saying? Deborah Lupton, SPHR, VP of HR for Goucher College wrote, "Thank you so much. That was excellent!" Tammy Bates, Senior Compensation Analyst for Buckeye Partners, LP wrote, "Thanks Christine! Great webcast (my first one -- I'm sure we'll be signing up for more)." Kim Niland, VP of HR for Omni Resource, Inc.wrote, "Thanks, it was enlightening plus a good review." Archived are not eligible for continuing education credits through HRCI. Visit the website for more detailed information. Time to Post Your OSHA Log! Don't forget that if your company is not otherwise exempt from OSHA's recordkeeping requirements you must post your OSHA Form 300A by February 1st and keep it posted through April 30th. Not sure whether your company is exempt or not? Call FiveL today with your company's SIC or NAICS Code for visit the OSHA website. New I-9 Form Effective 2/2/09 Now Available
If you do not already have a copy then visit FiveL Company's website and download the new I-9 Form. There was a revised form that could be used prior to February 2nd. Be sure you have the most current form with a revised date of February 2, 2009.
Update on E-Verify for Covered Government Contractors On January 27th the U.S. government agreed to delay until May 21, 2009, implementation of a new rule requiring federal contractors to use the federal government’s E-Verify employment eligibility system. See FiveL Company's January 2009 newsletter. While SHRM, the U.S. Chamber of Commerce, Associated Builders and Contractors, HR Policy Association, and the American Council on International Personnel still have a lawsuit pending against the government challenging the legality of the federal contractor mandate, this agreement suspends court proceedings in order to allow the Obama Administration an opportunity to review the rule. Spotlight! FiveL Company recently provided a Train-the-Trainer program, "Proactive Performance Management" for some of the management and HR team members of Friedkin Companies, Inc. Here's what HR Director Julie Ann Katz, PHR had to say: "Christine is a fabulous presenter…The excitement from my employees leaving this session was great. Not only did they learn but they also felt involved in Christine's sessions, something alot of trainers fail to do." Thank YOU Julie! Has your training budget been cut for 2009? Can't afford to bring in an external trainer? Contact FiveL Company for more information on its Train-the-Trainer programs and fees.
|
||||||||||||||
"The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute’s criteria to be pre-approved for recertification credit."