employer survival best practice

Employer SurvivalThe Single Best Employer Practice

Sample from the Quick Start Employer Survival Series

(8 minutes)

Presented byNona Halvorsen, SPHRwww.HalvorsenHR.com

Disclaimer

• This presentation is not intended as legal advice.

• I am not an attorney.• A presentation such as this cannot fully

and properly apply to your specific circumstances.

• These are good human resource practices that reduce legal exposure.

© Copyright 2006 -2008 All Rights Reserved Halvorsen Human Resources

Employers Are At Risk

Making employment decisions about:

1. Hiring2. Pay3. Performance4. Termination

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Doing this

You Could end up here

OUR GOAL

• A quick easy strategy to avoid legal issues during

1. Hiring

2. Pay decisions

3. Performance review – good and bad

4. Termination – voluntary and involuntary

© Copyright 2006 -2008 All Rights Reserved Halvorsen Human Resources

Federal Laws

1. Title VII of the Civil Rights Act of 1964 2. Section 1981, Civil Rights Act of 19663. Civil Rights Act of 19914. Equal Pay Act 5. Age Discrimination in Employment Act

(ADEA)6. Older Workers Benefit Protection Act

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More Federal Laws

7. Americans With Disabilities Act (ADA) 8. Vocational Rehabilitation Act of 19739. Uniformed Services Employment and Re-

employment Act of 1994 10. Veteran’s Re-Employment Act of 197411. Vietnam Era Veteran’s Readjustment

Assistance Acts of 1972 and 1974 12. Immigration Reform and Control Act

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Add on State Laws & Case Law

• SB 5340 (effective July 21, 2007) – Expands the definition of disability under WLAD.

• SB5123 (effective July 21, 2007) – Protects from discrimination based on honorably discharged veteran and military status.

• Pregnancy Disability/Discrimination (WAC 162-30-020)

• Washington Law Against Discrimination (WLAD), Chapter 49.60

– CASE LAW

• Roberts v. Dudley, February 2000, State Supreme Court – Ruled that the state has established a clear public policy against discrimination even though an employer has less than eight employees.

• Sedlaceck v. Hillis, July 2000, State Court of Appeals Division I – Held that the reasoning from “Roberts v. Dudley” would apply equally to disability discrimination.

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Confused?

Unlawful Considerations Summarized

Federal• Age (40+)• Race• Religion• National Origin• Sex• Marital Status• Medical Condition• Military Status

WA State Add Ons• Exercising rights• Sexual orientation,

including gender identity

• Sensory, mental, physical disability

• Use of a service animal• Pregnancy

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Simplified Criteria for Employment Decisions

1. Skills and ability to do the job• Without stereotypes, prejudice or bias

2. Business needs

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Survival Strategy

• Develop employment processes that keep the focus on:

– Skills and abilities– Business needs

AND– Consistent– Objective

© Copyright 2006 -2008 All Rights Reserved Halvorsen Human Resources

One-hour Workshop Series

Hiring Step-By-Step1. Strategic Plan2. Retention3. Job Descriptions4. Hiring Process5. Structured Interviews

Performance ManagementA. PoliciesB. PayC. CoachingD. Performance ReviewE. Performance Correction

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Resources

For more on the presentation topic or another HR topic

SIGNUP UP FOR A WEBINARby emailing

Nona@EmployerSurvival.com

or visit my website atwww.HalvorsenHR.com