Hr 101 for managers and supervisors
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Transcript of Hr 101 for managers and supervisors
HR 101 for Managers
Kathryn Carlson
Director, HR Products
October 27, 2011
Questions
• If you have questions during the presentation, please submit them using the “Questions” feature
• Questions will be answered at the end of the webinar or an emailed response will be provided
EEOC (Equal Opportunity Commission) reports indicate discrimination charges increased significantly. Nearly 100,000 charges were filed last year with the EEOC, the most ever. The EEOC filed 250 lawsuits and collected over $400 million in damages. The most frequently-filed charges involved claims of retaliation (first time in the top spot) and race. There also were significant percentage increases in the categories of religion, disability and age discrimination charges.
The DOL estimates that more than 80% of companies are out of compliance with federal and state wage and hour laws.
One in three companies has been hit with a wage-and-hour claim in the past year (ETL, Inc).
Compliance with the Law Is Critical
Five Legal Terms You Need to Know
DiscriminationWhen someone is denied a job or position for non job related reasons
Equal Employment OpportunityThe right to employment and advancement without regard to race, religion, sex, color or national origin
Affirmative ActionAn effort to give preference in employment to women or other minoritiesEmployment criteria justified by capacity to perform a job
Comparable WorthPersons performing jobs of similar worth should receive comparable pay
Bona-fide Occupational QualificationsEmployment criteria justified by capacity to perform a job
Discrimination and Employment Rights
Civil Rights Act of 1866– Supports charges of race and national origin
discrimination– Claimant must establish intent to discriminate on the
part of the employer
Civil Rights Act of 1964– Title VII of this act prohibits discrimination on the
basis of race, creed, religion, sex or national origin– Intent need not be proved but discriminatory effect
established
Discrimination and Employment Rights
Uniformed Services Employment and Reemployment Rights Act (USERRA)– Prohibits making past, present, or future active or
reserve military service a factor in employment decisions
Executive Order 11246– Requires businesses who do business with federal
government to take affirmative action in hiring, training, and promoting women and minorities
The Age Discrimination in Employment Act of 1967 (ADEA)– Protects workers 40 and up (as amended)
Discrimination and Employment Rights
The Rehabilitation Act of 1973– Section 501 prohibits discrimination against persons
with disabilities by contractors doing business with the federal government
The American with Disabilities Act of 1990 (ADA)– Prohibits all employers from discriminating against
employees or job candidates with disabilities– Must provide reasonable accommodations
Pregnancy Discrimination Act (PDA) of 1978
Discrimination and Employment Rights
Religious Discrimination Guidelines– Requires employers to make reasonable effort to
accommodate a person’s religious practices as long as they don’t create an undue hardship
National Origin Discrimination Guidelines– Preclude employment denial because of ancestry,
place of origin, or cultural/linguistic characteristics
The Civil Rights Act of 1991– “Make-whole” remedies to discrimination
• Back pay and reinstatement allowed– Employer must prove lack of discrimination
• Seeks to remove barriers to advancement of women and minorities
Discrimination and Employment Rights
• Congress recently amended the Americans with Disabilities Act (ADA) with the Americans With Disabilities Act Amendments Act (ADAAA). Under the newly-amended law, it is easier for employees to show a disability exists.
• GINA (Genetic Information Nondiscrimination Act 2008) it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions
Sexual Harassment
Unwelcome sexual advances, requests for sexual favors and verbal or physical conduct of a sexual nature is harassment when– Submission to such conduct is a condition of
employment (Quid Pro Quo)– Submission of rejection of such conduct becomes
basis for employment decision (Quid Pro Quo)– Conduct has the effect of creating intimidating or
offensive environment (Hostile Environment)
Pay and Benefits
The Fair Labor Standards Act (FLSA)– Establishes minimum wage, maximum hours and overtime
pay– Employees may be exempt or nonexempt
The Employee Retirement Income Security Act (ERISA) of 1974– Establishes participation and vesting provision for pension
plans
Consolidated Omnibus Budget Reconciliation Act (COBRA)– Requires employers to offer health care coverage at group
rates following termination of employment - for 18 to 36 months
Pay and Benefits
Health Insurance Portability and Accountability Act (HIPAA)– Allows employees with new dependent to enroll
immediately in health care plan
Equal Pay Act of 1963 (EPA)– Equal pay for women doing equal work
Family Medical and Leave Act (FMLA) of 1993– Provides eligible employees up to 12 weeks leave for birth
or adoption of a child, serious illness of employee or for the care of a seriously ill family member
Pay and Benefit
Women’s Health & Cancer Rights Act 1998
Newborns’ and Mothers’ Health Protection Act 1996
Mental Health Parity Act (MHPA) 2008
Employment Lifecycle
Recruitment &Selection
PerformanceManagement
RewardManagement
CareerManagement
Recruitment
On boarding
Performance Management
Termination
– KPA CONFIDENTIAL –
First Things First…
Job Descriptions
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Hire who you choose…but
You are required to select someone who meets the minimum requirements of the job – not necessarily the most qualified– Don’t deny anyone equal employment opportunity
because of personal bias– Education and experience requirements should be job
related– Be aware of your organization's diversity [affirmative
action] goals
– KPA CONFIDENTIAL –
Are you using the right tools for the job
• Effective job application form• Conduct a behavioral interview• Personally conduct references• Perform background checks and drug testing• Use a scorecard to make objective decision
If the answer to any of these questions is anything but yes- then you are taking on more risk than is necessary and increasing your chance of making a bad hire or a claim of discrimination
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Why Performance Appraisal?
• Appraisal provide information upon which promotion and salary decision can be made.
• Appraisal provide an opportunity for a manager and his/her subordinates to sit down and review the subordinate’s work-related behavior, and then develop a plan for corrective action.
• Appraisal provide a good opportunity to review the person’s career plans in light of his/her exhibited strengths and weaknesses.
Performance Management Cycle
Performance Planning(Setting Performance Targets)
Regular Review and Monitoring Feed back
Corrective Action
Performance Appraisal and Evaluation
• Training & Development Plan• Salary/Bonus Adjustment• Career Development
Problems in Performance Appraisal
Lack of standards
Irrelevant or subjective standards
Poor measures of performance
Poor feedback to employee
Negative communication
Failure to apply evaluation data
Common Performance Evaluation Problems
– KPA CONFIDENTIAL –
10 Steps to Effective Disciplinary Action
1. Address the problem as soon as possible
2. Set a specific time and place
3. Sit, don’t stand
4. Private location
5. Focus on the issue, not the person
6. Be specific about the concern
7. Be collaborative
8. Avoid negative statements
9. Encourage the subordinate
10. Document the meeting
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– KPA CONFIDENTIAL –
Documentation for Disciplinary Actions
Always document the conversation– Notes if a feedback session or oral warning
• Time, location, attending, issue, resolution, follow-up
– Disciplinary Action Form if a serious offense
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– KPA CONFIDENTIAL –
Recommended Documentation Prior to Termination
1 ) Job Description
2) Performance Appraisals
3) Disciplinary Actions
Tip: You must document everything in writing and it must be objective and non discriminatory
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– KPA CONFIDENTIAL –
The Ten Deadly Questions
Tip: Before you termination answer these questions....
“Ten Deadly Questions” provided by John Boggs of Fine, Boggs and Perkins
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1. Do you feel comfortable after your investigation that you will be able to prove, with evidence, that the employee violated the rule, or the standard of performance was not met, and that you have treated other similar situations with the same level of discipline in similar circumstances?
Ten Deadly Questions
2. Are there any prior commitments (written agreements or promises) in employee's personnel file regarding a specific term of employment, continued employment or a requirement of just cause for termination of employment?
Ten Deadly Questions
3. Are there any complaints or claims (formal or informal) that the employee has made against the company, any co-worker, customer or vendor? (for example: harassment, discrimination, retaliation, unpaid wages, workers compensation claims, safety issues, labor regulation violations, dishonesty, customer fraud or other claims that the company violated the law in any way) .
Ten Deadly Questions
4. If the employee falls into a "protected category" (minority, race, religion, color, sex, sexual orientation, national origin, ancestry, citizenship status, uniform service member status, marital status, pregnancy, age/over 40, medical condition—cancer related or HIV/AIDS related, disability, or transgender status) and does the employee's "protected category" represent a relatively small portion of your workforce or the employee's work group.
Ten Deadly Questions
5. Has the employee taken any leaves of absence within the last year? (Medical leave, Family Care leave, Pregnancy leave, Drug/Alcohol Rehabilitation leave, Workers Compensation leave, etc.)
Ten Deadly Questions
6. Have you disciplined others for this same general rule violation or performance deficiency?
Ten Deadly Questions
7. Has the level of discipline imposed been substantially the same for the same violation or performance deficiency for other employees?
Ten Deadly Questions
8. Have you failed to discipline anyone for the same general rule violation or performance deficiency, even though some other employees may have been disciplined for it?
Ten Deadly Questions
10. Do you plan to terminate the employee?
Ten Deadly Questions
– KPA CONFIDENTIAL –
So Can I Fire Them?
• “Employment at Will” means the employer or the employee can terminate the employment relations for cause or without cause as long as the reason is not illegal
• Employers may not fire or threaten to fire an employee to discourage him from or punish him for making a claim under the law
• Employers may not fire an employee if the cause is discriminatory or biased
• he burden of proof will be on the employer not the terminated employee to show the firing was not for illegal reasons
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So again… can I fire them?
Involuntary termination will stick if you follow and document 4 steps of progressive discipline
• Oral warning (counseling session)• Written warning• Suspension without pay (as appropriate)• Discharge
Termination for Cause
Ensure the employee is not a danger to themselves or to other employees, contact law enforcement if necessary for assistance or to report illegal acts
Include the employee’s supervisor and either a Human Resources representative, or the supervisor’s manager
Remain polite and respectful
Do not allow the employee to argue surrounding the circumstance of termination
Obtain the return of all company property
Provide termination paperwork
Enable the employee to ask questions about the end of employment
Escort the former employee our of the building with the understanding the if they return they are trespassing
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Termination for Non-Performance
Include the employee’s supervisor and either a Human Resources representative, or the supervisor’s manager
Be straight forward, civil, concise and compassionate
Provide termination paperwork
Respect the person's dignity, allow them to speak if they wants to and ask any questions they may have
Don't become angry or argue with the employee, stay “on script”
Collect all company property or determine its location
Give the employee a choice about who among the meeting attendees will walk her out of the building. Give the employee a choice about whether she wants to remove personal belongings from her work station now or after hours
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Documentation is your best defense
Employee Records
Employees may see their own file in most statesMedical information should be kept separateEmployer can’t distribute or reveal or discuss
employee’s:– Age– Health or disability– Marital status– Race– Alien status– Claims history
Personal Liability
• Defamation• Intentional inflictions of emotional distress• Intentional interference with contractual
relationships• Assault• Battery
Protect Yourself
Be alert- always consider your actions and the actions of your employees
Follow company policies Document Use common sense Build consensus and consult executive
management Don’t panic, but be proactive (if you are
served with a lawsuit)
References/Recommended Further Readings
1. Gary Dessler, Human Resource Management, Prentice Hall. http://www.amazon.com/Framework-Human-Resource-Management-5th/dp/0136041531/ref=sr_1_6?ie=UTF8&s=books&qid=1219801564&sr=1-6
2. Society for Human Resources Management (SHRM) www.shrm.org
3. KPA Monthly Newsletter, KPA Compliance Blog and KPA Webinars
– KPA CONFIDENTIAL –
Questions and Answers
43
Contact Information
– KPA CONFIDENTIAL – 44
The recorded webinar and presentation slides will be emailed to you today including your local representative’s contact information.
www.kpaonline.com
866-228-6587