Posts Tagged ‘HR compliance’

EEO-1 Reports Are Due September 30th

Friday, August 27th, 2010

For those employers required to complete an annual EEO-1 report the deadline is fast approaching and September 30th will be here before you know it. Any employer with 100 or more employees or those employers who are federal contractors or subcontractors must file the report. Gathering the required information can take some time if you are not using HR software with EEO (Equal Employment Opportunity) reporting functionality, so don’t delay in getting started. 

 KPA offers a free recorded webinar ”Advanced EEO-1 and Affirmative Action Compliance at http://www.kpaonline.com/hr.html.  The webinar provides information on what data is necessary to file an EEO-1 report along with instruction on how to file online.  KPA clients using the HotlinkHR program can easily extract the required data and then go to the EEOC website to file their EEO-1 report online. 

Remember you may file the EEO-1 report online anytime between now and September 30th. If you are not able to file online you should contact the EEOC immediately to discuss other options.

Join the conversation: Have you used the EEOC website to file your report?

Close & Personal Relationships At Work- Not A Good Idea

Friday, August 6th, 2010

Falling under the category of “what where they thinking” or perhaps “when in doubt don’t”  the Chairman and CEO Of HP resigned today after an investigation into  violations of  the company’s sexual harrassment policy.  The investigation found that while no harrassment had occurred, expense reports had been altered to cover up his “close and personal relationship” with a marketing consulting hired by his office.  Given that Mr. Hurd received nearly $100 million in total compensation over the past three years he certainly could have afforded to pay out of pocket the estimated $20,000 of ”altered expenses”.

Kudo on insisiting on ethical behavior and Mr. Hurd resignation go to the HP board- since Mr. Hurd is acknowledged as the architect of HP successful turn-around and by all accounts a good CEO, despite this recent lapse in judgement, it might have been easier to keep him on and sweep this under the rug.  It will be interesting to see how much of his contracted $12M severance payment he actually receives and will HP also insist on criminal charges.

A series of bad decisions around a personal relationship in the workplace has now lead to the resignation of a highly successful leader, a leadership vacuum at HP,  a decreased stock prices that impact any one who owns the stock, to say nothing of the embarrassment to his wife and family.

Happy Birthday ADA (Americans With Disablities Act)

Monday, July 26th, 2010

Happy 20th  Birthday to the ADA (Americans with Disability Act)!   Since becoming the law on July 26, 1990 the ADA has protected the rights of the disabled including access to public places, enforcing non-discrimination and requiring “reasonable accomodation” in the workplace.  Further protections for the disabled were provided by the passage of the Americans with Disabilities Act Amendments Act (ADAAA).  This law made clear that courts needed to focus their attention on the illegal discrimination – not on whether the victim was disabled within the meaning of the law.    So how effective has the ADA been in the past 20 years? Unfortunately discrimination against those with disabilities continues in the workplace. Consider the following statistics from the EEOC website:

  • 1993: 15,274 charges of discrimination filed with EEOC, which obtained $15,496,811 in relief for 1,851 people though its administrative process;
  • 2009: 21,451 charges of discrimination filed, roughly a 30% increase.  EEOC got $67,826,112 in relief for 3,238 people;
  • From 1993 to 2009, ADA charges rose from 17.4% of all charges filed with the EEOC to 23% of all charges filed as ADA charges became a greater part of the EEOC’s workload;
  • During the same period, the EEOC filed 874 lawsuits claiming violations of the ADA, collecting a total of $86,633,804 for victims of disability discrimination.
  • Join the conversation: What is your experience hiring a disabled person or as a disabled person applying for work?

    Truth in HR (or blogs you need to read besides this one)

    Thursday, July 15th, 2010

    Ever wonder what HR people really think once they get past being politically, socially and corporately correct? Looking for some common sense in the HR process? Check out Punk Rock HR for some of the funniest but also most truthful HR commentary on the web. Laurie isn’t afraid to say what she is really thinking (something many of us are trained not to do in HR). 

    If you have time to read more than one or two blogs (mine for pratical advice and regulatory updates and Laurie’s  for laughs and some HR truth telling) then take a look at Fistful of Talent- a community of bloggers who talk about all things HR.  Interested in rentention programs or maybe how to hire better, pondering the question on why HR still isn’t considered strategic rather than an administrative or just want to see what others thought about the recent SHRM conference – there is something for everyone involved in HR at this site.

    It’s easy to get bogged down in blogs- way too much information out there these days so I’ve tried to limit my reading to 3-5 sites (and I get paid to read up on HR news and commentary and summarize for our clients), but I’m curious as to what HR  blogs are you reading these days?

    Yet another discrimation lawsuit and settlement in the transportation industry

    Tuesday, July 6th, 2010

    Because KPA offers HR compliance consulting and HR software we monitor all of the lawsuits and settlements brought by the EEOC.   Frankly it is rather depressing to me (as an HR professional and as a person)  that 45 years after the EEOC was established there are still so many claims and settlements for discrimination, harassment and retaliation.    My friends who are  employment attorneys could not be more pleased that there seems to be a never ending source of revenue from employers who can’t be bothered with good HR practices UNTIL the lawsuit lands on their desk.

    The latest discrimination and retaliation claim settled by a company involved in the transportation industry involves McGriff Industries. McGriff Industries settled the suit for $100,000 along with required activities involving implementing effective anti-discrimination policies and procedures, and training its employees, supervisors and managers on the prohibitions against racial misconduct in the workplace. The company will also be required to develop a system for reporting, investigating and addressing complaints of workplace racial misconduct; hold all employees accountable for engaging in it; and hold supervisors and managers accountable for tolerating or failing to address such misconduct.  

      Let’s review the 4 things employees really must do to ensure they are not next in the list of companies the EEOC has settled with in 2010. 

    1) When in doubt on the right thing to do - don’t do anything (don’t fire, don’t hire,) without consulting the experts (your attorney, a certified HR professional) and then listen to what they tell you.

    2) Automate processes for hiring, performance management, training and termination with software so you have complete records, and forced compliance to best practices for essential HR process. With the multitude of HR software programs out there at every price point,  some even specialized by industry, there is no excuse not to automate process and force compliance. 

    3) Establish policies and procedures for employees to report issues and concern- and respond to them (ethically, humanely and legally).

    4) Train, train, train- never assume your managers and employees know what to do and more importantly what not to do to avoid harrassment, discrimination or retaliation.

     Join the conversation: Are you sure your company would survive an EEOC audit?

    Employee Bill of Rights- Happy 4th of July!

    Friday, July 2nd, 2010

    In honor of the 4th of July holiday let’s take a moment to celebrate our rights as citizens here in the United States and also discuss what rights employees have the workplace.

    1) Employees have the right (confirmed by a number of state and federal laws) to not be discriminated against or harrasssed in the hiring process and in the workplace.

    2) Employees have the right to be paid for work completed and to have meal and rest periods as appropriate (the Fair Labor Standards Act and individual state law defines wage payment along with meal and rest periods).

    3) Unless under contract employees have the right to leave employment that does not suit them (employers also have the right to fire employees “at will”  in most states except when under contract or because of discrimination or retaliation).

    4) Employees do not have the right to paid holidays, sick time or vacation pay under federal Law (FLSA). Some states do provide for paid time off.   Check out the your state’s Department of Labor website  more information on paid leave laws.   Employees do have the rights to unpaid leave under Family Medical Leave Act (FMLA) and some state laws.

    5) Employees have the right to reasonable accomodations for disabilities  under the Americans With Disablity Act (ADA).

    Happy 4th of July to all employees and employers!

    FMLA Update- New Definitions for Sons and Daughters

    Thursday, June 24th, 2010

    When deciding if FMLA is the appropriate leave employers should consider the new interpretation of “ son “ or “daughter” issued by the Department of Labor under the the Family and Medical Leave Act (FMLA) ).  The Administrator’s interpretation gives employees, who care for a child, parental rights to family leave regardless of the legal or biological relationship. The “son” or “daughter” being defined is under Section 101(12) of the FMLA as it applies to an employee standing “in loco parentis” to a child.

    The Administrator’s interpretation was issued by Nancy J. Leppink, deputy administrator of the department’s Wage and Hour Division (WHD).  The following examples of in loco parentis” were provided in the interpretation.

    •An uncle or aunt caring for their young niece or nephew whose parent is on active military duty
    •A grandparent who assumes responsibility for their ill grandchild when their own child is debilitated
    •An employee who intends to share in the parenting of a child with his or her same sex partner and wants to bond with that child

    FMLA allows workers to take up to 12 weeks of unpaid leave during any 12-month period to care for loved ones or themselves. FMLA also allows employees to take time off for the adoption or the birth of a child. FMLA affects private employers with 50 or more employees and all public employers.  Individual states may have additional FMLA regulations and employers should take both federal and state regulations into considerations when granting leave.

    For more information on leave laws download a copy of the free KPA webinar “How to Solve the Riddle of Employee Leave Law”.

    Employer Alert- New Rules on Background Checking

    Monday, June 21st, 2010

    Oregon employers need to review and update their policy on background checks  involving credits checks before July 1st, 2010.   A new law makes it an unlawful employment practice, except in very limited circumstances, for an Oregon employer to use credit history in making hiring decisions or any decision affecting current employees.  Employers in Oregon should also consider reviewing and updating their handbooks to ensure there is appropriate language indicating the employer does not discriminate toward applicants or employees on the basis of information obtained in a credit check.  Hawaii and Washington have recently enacted similar laws.

    There are also bills pending in the following states: Connecticut, Illinois, Maryland, Michigan, Missouri, New Jersey, New York, Ohio, Oklahoma, South Carolina, Vermont, and Wisconsin. Legislation also is pending in the United States House of Representatives to amend the Fair Credit Reporting Act to prohibit use of consumer credit checks in employment decisions.  See my earlier blog at http://blog.kpaonline.com/wp-admin/post.php?action=edit&post=307 for discussion on best practices in background checking and how much a background check can actually reduce your risks.

    The new Oregon law provides for credit reports as part of of a background investigation in extremely limited circumstances – where required by law (for example bank employees or law enforcement) or for “substantially job-related reasons”.  The reason must be defined and disclosed in writing to the job applicant. I would encourage any employer who does wish to conduct a credit check under the substantially job-related reason clause to consult with their attorney before proceeding.  As an HR professional, who also worked for a leading background checking company, my recommendation is that unless required by state or federal law credit reports will add little value in the hiring decision. 

    Join the conversation: Do you check credit reports before hiring and if so why?

    Dress Code 101

    Wednesday, June 16th, 2010

    As the summer heats up, it’s time to make sure your dress code covers appropriate summer attire.  Don’t spend the summer as I did many years ago, as a new HR manager, acting as the ”shorts police”  Make sure your employees know what is and is not appropriate attire for the office during warm summer days with a written policy.  If you don’t yet have a dress code, it is not too late, write one now and distribute it. Here are a seven simple steps to creating a dress code:
    1. Decide what you want the dress code to say about your business. A creative type of business may allow more discretion, while a more formal approach is most appropriate when there is much customer interaction. However, bare feet and an excessive display of skin is never appropriate unless your employees are lifeguards!

      2. Be specific. If you do not want employees wearing shorts or graphical tee shirts you need to say so.  Do not rely on statements such as “in good taste”- what is good taste to one person is not to another.

    3.   Be flexible. Recognize that what is appropriate dress for the loading dock may not be appropriate for the sales staff.

     4. Be realistic. Consider having uniforms for those positions were a certain “look” is necessary or preferred but employees may not have the funds to accomplish your desired “look”.

    5. Ask for employee feedback and listen to it. A casual dress code (within reason) is a highly desired benefit for employees.

    6. Publish the code to all employees and have them acknowledge they understand it. Err on the stricter side first. It’s easier to relax a dress code than to tighten it.

    7. Try it and see how it works. Adjust as necessary. No HR policy should ever be static!

    Join the conversation:  Do you have a published dress code or an unspoken one?

    What is the cost of not allowing women mechanics at your dealership? $55K based on latest EEOC settlement

    Thursday, June 10th, 2010

    Is there any reason why women should not work as motorcycle mechanics? The obvious answer of course not-and the Dudley Perkins Company probably wishes that had been their reasoning in the past after paying out $55,000 to settle a lawsuit accusing them of not allow a women to work as a mechanic. 

     The The Dudley Perkins Company, the country’s oldest Harley Davidson motorcycle dealership, will pay $55,000 and furnish other relief to settle a sex discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced on June 7, 2010.

    The EEOC’s suit had charged that the San Francisco-based company refused to let a female employee, Bowen Dean, work as a mechanic, while hiring less qualified men. Further, the EEOC said, Dudley Perkins fired her after she filed an EEOC sex discrimination charge.  Through the consent decree settling the suit, the court ordered that Dudley Perkins revise its equal employment policy and complaint procedure; train its staff every year about sex discrimination and retaliation; post a notice stating the terms of the decree and how to complain about discrimination; include in its advertising a statement affirming its commitment not to discriminate based on sex; and report its hiring decisions to the EEOC for the decree’s two-year term. In addition, the company will pay Dean $55,000 as monetary damages.  The cost of the bad press is hard to calculate.

    “Breaking into jobs in non-traditional fields continues to be a challenge for women, and despite the prohibitions on sex discrimination written into federal law in 1964, some sex segregation in employment continues,” said EEOC San Francisco Regional Attorney William R. Tamayo. “This settlement will help the motorcycle industry take a step forward.”

    The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov