employer survival best practice
DESCRIPTION
Quick easy strategy to reduce your company exposure to labor law violation claims.TRANSCRIPT
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
© Copyright 2006 -2008 All Rights Reserved Halvorsen Human Resources
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
© Copyright 2006 -2008 All Rights Reserved Halvorsen Human Resources
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.
© Copyright 2006 -2008 All Rights Reserved Halvorsen Human Resources
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
© Copyright 2006 -2008 All Rights Reserved Halvorsen Human Resources
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
© Copyright 2006 -2008 All Rights Reserved Halvorsen Human
Resources
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