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HR Management

Despite recent 8th Circuit ruling, stamp out ‘equal-opportunity harassment’ to keep harmony

11/11/2010

Here’s some food for thought: Failing to stop an employee from harassing women and men alike may be legally acceptable, but is probably still ill-advised. An employer that allows such conduct may escape legal liability, but that tolerance may make the workplace unattractive to good employees. Plus, it probably won’t be as productive as it would be with good anti-harassment policies in place.

Conducting workplace investigations: A step-by-step guide

11/10/2010
Disputes between co-workers and between employees and their bosses are almost inevitable—which is why every HR professional must know how to gather the necessary facts to find out what’s going on. Take some time to think about and plan your inquiry even for simple, seemingly routine issues. If the situation is complicated or raises a red flag about possible legal claims, a well-planned investigation can be critically important.

In one word, what do you want to teach on Day One?

11/10/2010
A recent LinkedIn HR group discussion posed this question: “In one word, what would you like to show/teach new employees on their first day of work?” Of the more than 1,500 comments, here are 25 of the most popular:

EEOC issues final GINA regulations

11/09/2010
The EEOC has just issued final regulations implementing the Genetic Information Non-Discrimination Act (GINA), the federal law that makes it illegal for employers to use genetic information to make decisions about health insurance and employment. Download the final regs here, and then use them as the basis for reviewing your wellness program and other work processes that might violate GINA.

HR gossip girl: The risk of divulging employees’ secrets

11/09/2010
As an HR professional, you have an open door. And you’re always encouraging employees to ask questions about their benefits. But sometimes, that door needs to be shut … and so should your mouth. As a new lawsuit shows, repeating even the question asked by an employee can trigger a multi-claim lawsuit …

Planning for the worst: Implementing a workplace violence policy

11/08/2010
You can’t predict the behavior of your employees, clients and all their associates. You can’t anticipate every possible danger. But the law dictates that you, as the employer, have a “duty of care” to keep all individuals in your workplace safe from dangers you can reasonably anticipate. To do that, you need to evaluate potential dangers and formulate an appropriate action plan.

Use hotline to receive employee complaints, prove when litigation clock started ticking

11/08/2010

Courts increasingly insist that employees meet deadlines for filing EEOC or other discrimination complaints. The law allows employees just a short period of time to start the lawsuit process after an employer’s adverse decision. Smart employers have systems that precisely track internal complaints. With those in place, employers can more easily argue that the employee waited too long to sue.

Establish zero-tolerance policy on violence and threats–but don’t count on backup from courts

11/08/2010

The almost universal employer response to increased workplace violence has been the implementation of so-called zero-tolerance policies. The problem with zero-tolerance rules is that they only work if they’re uniformly enforced. Employers can’t pick and choose which employee’s behavior violates the policy. To do so invites legal trouble, as the following case shows.

Disabled or injured workers ready to return? Here’s how to help

11/05/2010
Employees may be absent from work for extended periods of time because of illness or injury. The U.S. Department of Labor’s Office of Disability Employment Policy recently released an online “Return to Work Toolkit” that serves as a one-stop portal to numerous free, online resources for employers and employees coping with return-to-work issues.

Cut your retaliation risk: Make sure training is open to everyone who’s eligible

11/05/2010

Employees who experience retaliation after complaining about bias can sue and win, even if it turns out there was no basis for the original discrimination complaint. The retaliation doesn’t even have to be something serious such as a demotion or firing. It can be something as subtle as lost training opportunities.