Hr 101 for managers and supervisors

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HR 101 for Managers 10_2011


  • 1. HR 101 for Managers Kathryn Carlson Director, HR Products October 27, 2011
  • 2. 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
  • 3. 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
  • 4. Five Legal Terms You Need to Know Discrimination When someone is denied a job or position for non job related reasons Equal Employment Opportunity The right to employment and advancement without regard to race, religion, sex, color or national origin Affirmative Action An effort to give preference in employment to women or other minorities Employment criteria justified by capacity to perform a job Comparable Worth Persons performing jobs of similar worth should receive comparable pay Bona-fide Occupational Qualifications Employment criteria justified by capacity to perform a job
  • 5. 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
  • 6. 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)
  • 7. 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
  • 8. Discrimination and Employment Rights Religious Discrimination Guidelines Requires employers to make reasonable effort to accommodate a persons religious practices as long as they dont 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
  • 9. 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
  • 10. 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)
  • 11. 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
  • 12. 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
  • 13. Pay and Benefit Womens Health & Cancer Rights Act 1998 Newborns and Mothers Health Protection Act 1996 Mental Health Parity Act (MHPA) 2008
  • 14. Employment Lifecycle Recruitment & Selection Performance Management Reward Management Career Management Recruitment On boarding Performance Management Termination
  • 15. KPA CONFIDENTIAL First Things First Job Descriptions 15
  • 16. Hire who you choosebut You are required to select someone who meets the minimum requirements of the job not necessarily the most qualified Dont 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
  • 17. 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 17
  • 18. 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 subordinates work-related behavior, and then develop a plan for corrective action. Appraisal provide a good opportunity to review the persons career plans in light of his/her exhibited strengths and weaknesses.
  • 19. 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
  • 20. 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
  • 21. 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, dont 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 21
  • 22. KPA CONFIDENTIAL Documentation for Disciplinary Actions Always document the conversation Notes if a feedback session or oral warning Time, location, attending, issue, resolution, follo w-up Disciplinary Action Form if a serious offense 22
  • 23. 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 23
  • 24. 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 24
  • 25. 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
  • 26. 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
  • 27. 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, un paid 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
  • 28. 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 conditioncancer 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
  • 29. 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
  • 30. 6. Have you disciplined others for this same general rule violation or performance deficiency? Ten Deadly Questions
  • 31. 7. Has the level of discipline imposed been substantially the same for the same violation or performance deficiency for other employees? Ten Deadly Questions
  • 32. 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
  • 33. 10. Do you plan to terminate the employee? Ten Deadly Questions
  • 34. 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 34
  • 35. 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
  • 36. 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 employees supervisor and either a Human Resources representative, or the supervisors 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 36
  • 37. Termination for Non-Performance Include the employees supervisor and either a Human Resources representative, or the supervisors 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 37
  • 38. Documentation is your best defense
  • 39. Employee Records Employees may see their own file in most states Medical information should be kept separate Employer cant distribute or reveal or discuss employees: Age Health or disability Marital status Race Alien status Claims history
  • 40. Personal Liability Defamation Intentional inflictions of emotional distress Intentional interference with contractual relationships Assault Battery
  • 41. 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 Dont panic, but be proactive (if you are served with a lawsuit)
  • 42. References/Recommended Further Readings 1. Gary Dessler, Human Resource Management, Prentice Hall. 5th/dp/0136041531/ref=sr_1_6?ie=UTF8&s=books&qid=1219801564&sr=1-6 2. Society for Human Resources Management (SHRM) 3. KPA Monthly Newsletter, KPA Compliance Blog and KPA Webinars
  • 43. KPA CONFIDENTIAL Questions and Answers 43
  • 44. Contact Information KPA CONFIDENTIAL 44 The recorded webinar and presentation slides will be emailed to you today including your local representatives contact information. 866-228-6587


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