An Ounce of Prevention...

As I perused the various employment law headlines last week it struck me that I saw no less than eight awards and settlements for various discrimination and harassment claims totalling more than $26.5 million in a period of just five business days!! And you can be sure that did not capture anywhere near all the settlements and judgments that actually occurred.  And that was just the discrimination and harassment claims -- exclusive of wage and hour or any other type of employment claim.  The bases of claims included age, gender, sexual orientation, race, religion & retaliation. The dollar amounts ranged from a mere $237,000 to $18 Million with one case providing $7 Million to one employee, which had been an award of $12 Million until the judge reduced it to $7 Million! 

So what's the point?  Here are some proactive points to consider:

• Retaliation Claims - are taking up a fair share of the headlines.  Remind your managers that they should consult with HR before taking any employment action that is or could appear to be adverse (demotion, corrective action, denial of promotion). Especially if such action is being considered shortly after an employee has engaged in any protected activity such as asking for FMLA leave, returning from FMLA leave or expressing a concern about harassment or discrimination. This does not mean you should refrain from taking action that is based on business operations and properly documented, but it will also give you a chance to be sure your i's are dotted and t's are crossed. 
• Humor in the Workplace - Work would be a drag if we did not install a little humor from time to time.  Again, however, remind your managers to be the eyes and ears of your organization and ensure they are not the origin of any jokes or comments that have ethnic, racial, gender, age or other sensitive overtones.  What is funny today may be recalled tomorrow as an adverse, harassing or derogatory comment.
• Worklife Balance - employees' needs, desires and requests related to flex-time and time off from work seem to be increasing fairly dramatically and for a widening variety of reasons.  Religious observance may require multiple breaks throughout the day, flex-time or certain days off from work. Caregiver responsibilities are also getting a lot of attention, particularly from the U.S. EEOC. Of special interest are employees in the "sandwich" generation who have to balance demands to care for their parents as well as their own children and who need the same flexible scheduling to meet those demands.
• Compensation - The issues of compensation and promotional opportunities are another area of focus. The federal Equal Pay Act, which prohibits discrimination in wages based on gender, has been cited in a number of recent, high-profile cases.  Women are successfully asserting that they are not receiving equal pay for equal work and/or are being denied promotional opportunities that would provide them with the opportunity for enhanced pay and benefits. Claims include discrimination based on gender as well as the status of being pregnant or intending to become pregnant.  When was the last time you analyzed the demographics of your pay scale, grades and/or ranges?  Are employees of varying race, national origin and gender represented across the entire pay spectrum or are some groups concentrated at the higher or lower end? 
• Handbooks, Policies and Procedures - Step 1: These are only good if they are written well.  Otherwise, they are tools that can be used against you. Step 2:  Even a well-written policy does no one any good (except maybe a prospective plaintiff) if it is not equitably applied. Remind your managers and supervisors to manage their employees as guided by the Employee Handbook.  This does not mean you cannot make exceptions to your policies; it does mean you need a legitimate business reason for doing so.  Be candid, too, when writing performance appraisals.  Time and time again we see an employee who is involuntarily terminated for poor performance and each and every performance appraisal or evaluation on file indicates the employee "exceeds expectations."  Candor is not always easy in the appraisal process but it is much easier than litigation!

Questions or looking for some more practical tips?  Call or email FiveL Company today!

  Hot Hits!! Education Corner

Public Presentations

Friday, November 9th, "HR Issues for Small Business" presented during the 2007 Annual Conference of the Private Practice Section of the American Physical Therapy Association, San Diego, CA. 

Tuesday, November 13th, "Are You My Employer?" sponsored by the Baltimore County Chamber of Commerce's HR Exchange, 8:30 -9:30 a.m., Towson, MD.

Monday, November 19th, "Recruitment, Selection & Hiring" sponsored by Maryland Works, Inc. 8:30 - 3:00, Columbia, MD

Tuesday, November 20th, "Employment Law, Legislative & Regulatory Update," presented for the HR Society of Prince George's County, 7:30 - 9:30 a.m., Greenbelt, MD.

Tuesday, November 27th, "Leaves of Absence/FMLA Compliance" presented during the Pennsylvania Chamber of Business & Industry's 2007 Annual HR Conference.

2nd WEBCAST! Wednesday, November 28th, "Wage & Hour Update" sponsored & presented by FiveL Company, pre-approved by HRCI for 1.0 Strategic credit!

---------------------------------------------------------------------

November's Client Training Programs

"Maintaining an Inclusive Workplace"

"HR & the Law for Managers: Part II"

 ---------------------------------------------------------------------

EEOC Warns Employers of Phishing Scam!

On October 17th the U.S. EEOC published a warning to businesses and employers warning of a "phishing" e-mail circulating to companies that purports to be from the federal agency regarding a harassment complaint. The bogus e-mail contains a Trojan Horse Virus that is likely to harm a recipient's computer if the user clicks on the referenced web link and/or downloads the attached file.

The phony e-mail to employers -- being circulated under the subject "Harassment Complaint Update For"-- contains a link that when accessed releases the virus.  The agency recommends that you not open the email; simply delete it.

  1st Webcast is a Hit!

Don't take my word for it! Here are just a few comments from some of the participants in FiveL Company's first interactive webcast which aired on Wednesday, October 24th.

"As usual, your presentation was fantastic with some really great information that is certainly applicable!"

"Awesome..."

"Great job!"

"Thanks!"

Don't miss the next one: Wednesday, November 28th, a "Wage and Hour Update."  Your can also sign up for all 11 webcasts in 2008 for the cost of just 10! Each webcast is pre-approved by HRCI for 1.0 Strategic credit hour! Visit http://www.fivel.net/webcasts.php