Hr 101 for managers and supervisors


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HR 101 for Managers 10_2011

Published in: Business, Career

Hr 101 for managers and supervisors

  1. 1. HR 101 for Managers Kathryn Carlson Director, HR Products October 27, 2011
  2. 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. 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. 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. 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. 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. 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. 8. 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
  9. 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. 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. 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. 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. 13. Pay and Benefit Women’s Health & Cancer Rights Act 1998 Newborns’ and Mothers’ Health Protection Act 1996 Mental Health Parity Act (MHPA) 2008
  14. 14. Employment Lifecycle Recruitment & Selection Performance Management Reward Management Career Management Recruitment On boarding Performance Management Termination
  15. 15. – KPA CONFIDENTIAL – First Things First… Job Descriptions 15
  16. 16. 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
  17. 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. 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 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.
  19. 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. 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. 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, 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 21
  22. 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. 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. 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. 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. 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. 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. 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 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
  29. 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. 30. 6. Have you disciplined others for this same general rule violation or performance deficiency? Ten Deadly Questions
  31. 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. 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. 33. 10. Do you plan to terminate the employee? Ten Deadly Questions
  34. 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. 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. 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 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 36
  37. 37. 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 37
  38. 38. Documentation is your best defense
  39. 39. Employee Records Employees may see their own file in most states Medical information should be kept separate Employer can’t distribute or reveal or discuss employee’s: – Age – Health or disability – Marital status – Race – Alien status – Claims history
  40. 40. Personal Liability • Defamation • Intentional inflictions of emotional distress • Intentional interference with contractual relationships • Assault • Battery
  41. 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  Don’t panic, but be proactive (if you are served with a lawsuit)
  42. 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. 43. – KPA CONFIDENTIAL – Questions and Answers 43
  44. 44. Contact Information – KPA CONFIDENTIAL – 44 The recorded webinar and presentation slides will be emailed to you today including your local representative’s contact information. 866-228-6587