U.S. EEOC Publishes Two Recent Guidances

The U.S. Equal Employment Opportunity Commission is the federal agency charged with enforcing a number of federal employment laws including the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964 (Title VII), both of which apply to employers with 15 or more employees. 

H1N1/Swine Flu Concerns:  On May 4th the Commission published a guidance for employers who are managing concerns related to H1N1 or the swine flu without running afoul of national origin discrimination in violation of Title VII. That was followed on May 11th with a related guidance in managing H1N1 concerns in compliance with the ADA. 

Key points include:

• A reminder that Title VII prohibits national origin discrimination against employees who work in the United States for covered employers, regardless of citizenship or work authorization. While federal law prohibits employers from employing individuals who are not legally authorized to work in the U.S., employers who nonetheless employ undocumented workers are prohibited from discriminating against them. (emphasis added);
• A sample pre-pandemic survey that employers may use to properly survey their workforce and collect information regarding challenges employees might have in the event of a pandemic (transportation, child/dependent care needs, etc.);
• Guidance as to when and under what circumstances an employer may require an employee to be tested for the H1N1 virus;
• and more. 

Click on the links above for more information and to read the full guidances.

Caregiver Responsibilities: On April 22nd the Commission published an "Employer Best Practices Document on Work/Family Balance."  The focus of this publication was to help employers avoid discriminating against workers with caregiver responsibilities, provide recommendations for workplace policies aimed at removing barriers to equal employment opportunity and address the importance of policies that protect caregivers in an economic downturn.  The document provides examples that include personal or sick leave policies that allow employees to use leave to care for ill family members, flexible work arrangements, part-time opportunities with proportional compensation and benefits, and equal-opportunity policies that address unlawful discrimination against caregivers. Click on the link above for more information.

Practical Tips? While guidances published by the EEOC do not have the force of law, they should help guide employers in proactive practices that can help ensure compliance with HR policies, practices and procedures and avoid litigation.

Hot Hits!! Education Corner

June's Public Seminars & Presentations

presented by Christine V. Walters, MAS, JD, SPHR

Wednesday, June 3rd, "HR & the Law for Maryland Employers," sponsored by FiveL Company, Woodlands Country Club, Windsor Mill, MD, 8:00 - 4:30. Pre-approved by HRCI for 6.5 general credit hours. Only 5 of 50 seats left!

Thursday, June 4th, "Employment Law, Legislative & Regulatory Update," presented for the Hunt Valley Business Forum's HR Roundtable, 8:30 - 9:30 a.m. Hunt Valley, MD

Wednesday, June 10th, "The Base of the Summit: Workforce Regulation," Keynote Luncheon address presented during the B/W Corridor Chamber of Commerce's 2009 Regional Workforce Summit, Linthicum Heights, Maryland.

Tuesday, June 23rd, "Termination Do's and Dont's" sponsored by Maryland Works, Inc., Columbia, MD 9:00 a.m. - Noon.

Tuesday, June 30th, "To Pay or Not to Pay: The Latest in Wage and Hour News" presented during SHRM's 61st Annual Conference and Exposition, New Orleans, LA.

June's Client Training Programs

"Employment Law 101"

NEXT WEBCAST! "Managing Change in Changing Times" June 24th, 10:00 - 11:00 a.m. EST

It seems each year the demographics of the labor market, the economy and our own workplaces change in ways we did not anticipate.  Managing change is one thing.  Managing change in the midst of an ever-evolving workplace is another.  This program is designed for managers and HR professionals who seek ways to anticipate problems, proactively address employee concerns, properly avoid unionization and comfortably resolve conflicts when they do arise, in a union or non-union environment. Register today!

This webcast has been pre-approved by HRCI for 1.0 general credit hour.

"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."

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. 

 FiveL Company Finalist for MD Chamber Small Biz Award

The judging panel for the Maryland Small Business of the Year Awards has selected FiveL Company as one of three finalists for the 2009 Maryland Small Business of the Year Award in the 1-10 employee category. The winners in all categories will be announced during the Small Business of the Year Awards Luncheon on Friday, June 5th at the BWI Airport Marriott. Special thanks to the B/W Corridor and Carroll County Chambers of Commerce for supporting FiveL Company's nomination. 

   Not Just Your Average Speaker!