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| HR and the Law in the News February 2010, Volume 9, Issue 2 |
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| HR and the Law in the News February 2010, Volume 9, Issue 2 |
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Up in Smoke? Q: You smell the odor of marijuana about an employee and direct the employee to be tested in accordance with your workplace substance testing policy. The test result comes back positive for marijuana. If your policy provides that any employee who tests positive for illegal drugs, the illegal use of prescription drugs or alcohol may be terminated, can you properly terminate this employee? A: (Come on, you know this by now...) It depends. Several states have recently passed legislation and others have such legislation pending that would prohibit an employer from taking adverse employment action based upon an individual's use of marijuana where such use is taken as prescribed by a physician. Currently there are at least 14 states that permit the medical use of marijuana and some may be unclear as to whether that also means an employer may/not take adverse employment action based on such use. Give Credit Where Credit is Due? Q: Employees in your accounting department, particularly accounts receivable, have access to customers' credit card, banking and other personal, financial information. To help ensure you are taking every reasonable precaution to safeguard the security your customers' privacy and financial information, you decide to begin running authorized credit reports of all applicants for jobs in your accounting department. Can you properly do so? A: See above (it depends). The Equal Employment for All Act is federal legislation currently pending before Congress. The Act would amend the current Fair Credit Reporting Act (FCRA) and prohibit most employers and limit others in using credit reports for prospective or current employment actions, e.g., deciding to (not) hire an applicant or fire an employee. Many jobs give employees access to customers' personal property, money and possessions. Employers may feel that due diligence requires them to consider credit history as just one factor among many to assess qualifications for those jobs. Other jobs may have safety implications by which an employer feels compelled to implement a zero-tolerance policy when it comes to the use of alcohol, illegal substances or the illegal use of prescribed substances. So, what's an employer to do in the interim? Some of you have heard me say, "Let business needs drive your employment decisions." Understand your current employment practices as they related to the use of credit information or employees' use of prescribed substances. What is your practice and why? How would your business, employees, customers or others be impacted if you were required to change your current policies? These are the stories your representatives, state delegates and senators need to hear. Want to learn more? Join the February 24th webcast at 10:00 a.m. EST "Termination Do's and Don'ts" as we review key elements of pending federal and state legislation, state law trends and resources for engaging in legislative advocacy (pre-approved by HRCI for 1.0 strategic credit hour). Hot Hits!! Education Corner February's Public Seminars & Presentations Presented by Christine V. Walters, MAS, JD, SPHR Tuesday, February 9th, "Pain Relief for HR's Top Headaches," Chevy Chase, MD 12:45 - 1:30, sponsored by ProBen. February's Client Training Programs "HR & the Law for Managers" (2) "Effective Negotiation & Conflict Management" NEXT WEBCAST! February 24, 2010 10:00 - 11:00 a.m. EST "Termination Do's and Dont's" Legislation is pending before Congress and state legislatures that may prohibit or limit which, when and how employers may use certain information including applicants' or employees':
This webcast is pre-approved by HRCI for 1.0 strategic credit hour 2010 Annual Subscriptions are still available! Subscribe for the year (10 remaining webcasts) for the price of 8! Get TWO FREE! Click here to register.
U.S. EEOC Releases FY '09 Stats Have you seen the latest charge statistics? Do you know what the current trends are? Why should you care? It is a proactive practice (and required in some states) to provide your employees and managers with harassment prevention training. Modifying those programs periodically based on workplace trends can go a long way to demonstrating your company's commitment to preventing not just sexual harassment but unlawful harassment in all its forms. Here's a few excerpts:
The Commission's press release issued January 6th notes that:
Lessons Learned? Be proactive. If you do not currently have a harassment prevention policy, develop one. If you have a policy that addresses only sexual harassment, broaden it to include all forms of unlawful harassment. If you have not conducted harassment prevention training for staff and managers in the last 12 months, plan to do so in 2010. Click here for the Commission's full report. On the Brighter Side On January 29th USA Today reported, "Business economist survey: Slow recovery continues." On January 25th the Baltimore Sun reported, "Forecasters say businesses expect to boost hiring and capital spending in the 2010 first half." Spotlight! Sharyn Doyle, SPHR, shared the following feedback after viewing one of FiveL Company's archived webcasts, pre-approved for HRCI credit, "It was a pleasure participating in an archived webcast for the first time...It was so easy to do...as easy as when it was live." Thank YOU Sharyn! Click here for a listing of archived and upcoming webcasts. 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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Use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCI's criteria to be pre-approved for recertification credit.