Showing posts with label Government and Regulation. Show all posts
Showing posts with label Government and Regulation. Show all posts

Sunday, January 12, 2014

The Earliest History of Human Resources

It occurs to me that we have never discussed the early history of Human Resources before.  Human
Resources is a resource for humans, but how did it get that way?  Holistically speaking, HR is the person, group, or team within an organization responsible for the management of people at a company.  The HR function has sometimes gone by other names such as Personnel or Industrial Relations.  As the HR function has expanded in larger organizations, it has transformed into departments specializing in areas such as Benefits, Payroll, Sourcing, Recruiting, HRIS Tech, or Public Affairs.  The most basic role filled by someone in HR is usually that of a Generalist.  Let’s talk about where HR came from?

The Earliest History of Human Resources

To see where Human Resources came from, we only need to go back about 100 years.  This is where we will find the seeds of the current HR career practitioner.  There are many great educational resources that you ought to check out to learn all of the details.  However, here’s the short version:

1800s 
- In the latter part of the 19th century, the Industrial Revolution led to large-scale production with large-scale employment.  As organizations grew, so did abuse of many of the employees under the management styles of the day.  To help battle this, the first trade and labor unions were formed during this period to push for standard working hours and higher pay.  The American Federation of Labor (AFL) was formed during this timeframe under leader Samuel Gompers.  Also, the first major labor regulations were passed by the Government including the Erdman Act which made it illegal to discriminate on employees for union membership.

Early 1900s
- At the dawn of the 20th century, a need for a manager devoted to human resources became clearer.  Urban worker conditions appeared to be declining.  Upton Sinclair’s book “The Jungle” was released in 1906, revealing deleterious worker conditions in the meatpacking industry.  Public awareness was raised.  Some companies took steps to improve relations with their workers.  B.F. Goodrich and National Cash Resister formed the earliest corporate HR departments; tracking records, wages, and grievances for the employees.

1910s 
- Engineer F.W. Taylor releases his time-motion study “Principles in Scientific Management” in 1911; a historic work about boosting productivity among skilled and unskilled workers.  Henry Ford eventually utilized Taylor’s ideas in using the assembly line to manufacture cars.  In the UK, Seebohm Rowntree releases studies titled “The Land” about increasing productivity in agricultural workforces, and also “How the Labourer Lives” which studied poverty among agricultural workers.  Rowntree also organizes the inaugural meeting of the Welfare Workers Association, the first professional group devoted to Human Resources and employees.  Back in the US, the Department of Labor was formed in 1913 under the Taft administration to “foster, promote and develop the welfare of working people, to improve their working conditions, and to enhance their opportunities for profitable employment.

The changing developments in labor and employment resulting a growing number of companies to devote resources to forming HR departments.  These were professionals that could bridge the gap between management and labor; to help companies work with their employees as valued members of the team.  That is how HR began.

And remember all of you Human Resources professionals:  Be Human... Be a Resource...  Be a Resource for Humans.


Interesting Links
http://en.wikipedia.org/wiki/United_States_labor_law
http://www.shrm.org/Education/hreducation/Pages/TheEvolutionofHumanResourceManagement.aspx
http://www.creativehrm.com/hr-management-history.html#.Up01ksS3JBk
http://www.cipd.co.uk/cipd-hr-profession/centenary/timeline.aspx#1910s
http://www.webpronews.com/the-historical-background-of-human-resource-management-2006-09
http://www.spartacus.schoolnet.co.uk/RErowntreeS.htm
http://www.buzzle.com/articles/history-of-human-resource-management.html




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Sunday, June 30, 2013

Employment Verification - Form I-9

On May 7th, 2013, a new version of the Form I-9 became effective and employers must only use this newer form for their Employment Eligibility Verification.  This is a form that will help you verify and authorize your employees.  Let’s spend a few minutes discussing what this form is and how it works.  As always, if you have comments, please feel free to add your thoughts to the discussion below this post.

Employment Verification - Form I-9

Prior to the Form I-9, employers were not required to prove the legality of an immigrant seeking employment.  However, the I-9 was created out of the Immigration Reform and Control Act in 1986, tasking employers with identifying and verifying their workers right to work.  Since then, the Form has undergone several revisions as additional laws have been rolled out, but still remains the primary form used in reviewing the status of a person’s right to work in this country legally.  Employees must keep Companies are required to review documents supporting an employee’s claim to legality.  This is enforced by the Department of Homeland Security (DHS), the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Immigration and Customs Enforcement (ICE).

Identification

When the I-9 Form was first introduced, employers could choose from any of 29 different forms of identification to prove an employees’ right to work.  This has evolved into a much shorter list over time.  You need the documents to do two things; prove that an employee is who they say they are, and prove that they are eligible to work in the United States.  As of this writing, these are some of the documents that the government finds acceptable for identification: 

List A Documents - Prove both Identity and Employment Eligibility
  United States Passport
  Permanent Resident Card or Registration Receipt Card
  Employment Authorization Card
  Some Foreign Passports

List B Documents - Prove only Identity
  Driver’s License
  Federal/State Identification Card
  School ID Card with photo
  Voter Registration Card
  U.S. Military Card / Draft Record
  Military Dependent’s ID Card

List C Documents - Prove only Employment Eligibility
  Social Security Card (unrestricted)
  Birth Certificate
  US Citizen or Resident Citizen ID Card

This is only a partial list of all of these documents.  If you have a question about a particular document that you have been presented, be sure to research it further with the USCIS.  While not required, it is highly recommended that Employers retain a copy of these identifying documents with the I-9.  Be sure to keep all of these documents in a separate file from the rest of an employee’s documentation to minimize the possibility of the documents from forming a basis for discrimination.  Also, per the DHS, “You should not shred previously retained copies of documents. DHS regulations provide that once copies of documents are made, they must be retained with the Forms I-9.”

Enforcement

Failure to make appropriate use of the I-9 Form, failure to review acceptable documentation, and failure to keep and maintain proper I-9 documentation can result in a loss of government contracts, serious civil fines, and even criminal penalties.  There are very detailed charts and lists under the websites for both the USCIS and ICE detailing the level of penalty that an employer could face for failure to heed the law.  Monetary loss due to fines on a single worker could range from $110 for a failure to complete the I-9 properly, and up to $16,000 for repeated hiring offenses.  Once you add in the possible money lost from cancelled contracts and possible jail time, you can see how seriously your company could be damaged for failing to completely examine the I-9 for every employee hired.

Employers that have questions about the I-9 Form and all related topics can contact the customer service area at 888-464-4218 or email them at I-9Central@dhs.gov. 

And remember all of you Human Resources professionals: Be Human... Be a Resource... Be a Resource for Humans.


Useful Links
http://en.wikipedia.org/wiki/Immigration_Reform_and_Control_Act_of_1986


Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

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Wednesday, June 19, 2013

Immigration and HR

Companies are required to follow the law.  Sometimes the question comes up about which law - city, state, federal - should you be following as a Human Resources professional.  In a perfect world, the answer would be all three, all the time, every time.  However, with the tricky subject of immigration, there are sometimes contradictory laws and enforcement in place.  Let’s talk about that for a moment.  As always, please feel free to leave a respectful comment or opinion about your own experiences in the area below this post.

Immigration and HR

Immigrant workers can be a wonderful addition to your workforce.  They may bring with them ideas and skills that are difficult to find in domestic employees in your local area.  However, workers that did not immigrate legally present a challenge.

Within the United States, Federal Law makes it illegal to employ Undocumented Workers.  However, there are 31 cities where local ordinances have created Sanctuary Cities; locations where police and local authorities are compelled to not enforce these Federal Laws.  As a result, many of these workers are employed and HR professionals should know how to deal with them.

First off, I would suggest speaking to your local SHRM, checking with your lawyer, and consulting your ordinances.  Laws and enforcement will vary from location to location.  This may be a case where you might be best following the local laws first.  If there are physical conflicts that arise, you may need the aid of local police.  If the conflict arises from your attempt to follow National Law in the hiring process, but local ordinance prohibits enforcement, you could have an HR nightmare on your hands.

Oftentimes, Sanctuary Cities will offer a Municipal ID Card or other form of identification card.  This card may be used to identify and assist the HR rep with tracking the employee.  If non-enforcement of national immigration laws is the norm in your area, you would want to treat the Undocumented Worker the same as every other employee to the greatest extent possible.  They should have tax withheld the same, benefits applied the same, and be treated in a non-discriminatory manner.  Hiring for employment should continue to be without regard to race, color, religion, sex or national origin. 

Do not, under any circumstance, ever try to exploit the undocumented workers.  Beyond the unethical and immoral ramifications of using a person’s undocumented status against them, it can also put you in jail.  A recent story in the news talked about how 7-11 had undocumented workers that they were effectively using as slaves.  Now those employers have had their franchises taken away from them and may face prison time.

There may be immigration reform on the horizon which may or may not affect the HR professional.  A change in immigration laws may not be enforced locally.  This will continue to be a tricky subject for Human Resources departments in the foreseeable future.

And remember all of you Human Resources professionals: Be Human... Be a Resource... Be a Resource for Humans.



Useful Links:



Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

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Friday, June 14, 2013

Labor Unions and Social Media

I just came across this fabulous free Online Webinar given by Jessica Miller-Merrell and Jon Hyman http://www.blogging4jobs.com/webinars/unions-nlrb-social-media-webinar/  It is really great; lots of useful information.
of Blogging4Jobs about the nature of union tactics, the current activism within the National Labor Relations Board (NLRB), and the use social media for organizing.  It is really interesting how aggressively unions are targeting workers at companies such as Sodexo, Walmart, and Apple to recruit people to join as members.  Human Resources need to be aware that this activity is going on.  It is not just union members handing out leaflets or marching around with a giant rat in front of your workplace.  As companies are getting smarter about targeting their ads to individual customers, unions are also getting smarter about targeting their messages to specific employees at specific companies.  They recommend preparing a rapid response team to be able to conduct an investigation quickly if a union situation erupts at your workplace and you need to protect your company’s reputation.  I highly suggest checking out this Webinar: 


And remember all of you Human Resources professionals: Be Human... Be a Resource... Be a Resource for Humans.


Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

View Trevor Stasik's profile on LinkedIn

Sunday, March 17, 2013

EEO Laws - Executive Orders


Some companies may provide programs to support diversity through Affirmative Action.  These programs are not necessarily voluntary, as the Federal Government has established rules for this under Executive Orders that are treated as Equal Employment Opportunity laws.  As always, please feel free to leave a respectful comment or opinion about your own experiences in the area below this post.

EEO Laws - Executive Orders

The final set of EEO laws that we will look at together at this time are the Executive Orders Covering Government Contractors and Sex Discrimination Guidelines.  The actual codification is covered by Executive Order 11,246 as amended by Executive Orders 11,375 and 12,086.  It would be good to be acquainted with this set of executive orders.  Under Title VII of the Civil Rights Act of 1964, Federal Contractors and Subcontractors were barred from discrimination based on race, color, religion, sex or national origin; and employers were required to document infractions if discrimination was discovered.  However, there was nothing in the law that required companies to furnish those documents to the government for investigations.  Executive Orders 11246 changed that by compelling companies to provide their documentation proof to investigators upon request.  This is enforced by the Office of Federal Contract Compliance Programs (OFCCP).

Affirmative Action

Additionally, Executive Order 11,246 established provision for Affirmative Action programs.  Government Contractors and Subcontractors with 50 or more employees and $50,000+ in government contracts are required to have an established, written affirmative action program.  President Lyndon B. Johnson said this as a driving force behind this policy:

“Men and women of all races are born with the same range of abilities. But ability is not just the product of birth. Ability is stretched or stunted by the family that you live with, and the neighborhood you live in--by the school you go to and the poverty or the richness of your surroundings. It is the product of a hundred unseen forces playing upon the little infant, the child, and finally the man.”

 With Executive Order 11246, covered employers were required to identify, analyze, and rectify differences in workforce participation by women and minorities.  Companies were required to expand efforts in outreach, recruitment, and training in an effort to make the selection process more favorable to the previously discriminated groups.

Compliance

Companies that fall under the umbrella of the Executive Orders are subject to reviews and audits by the OFCCP.  Failure of a review could result in corrective action as recommended by the OFCCP.  Individual complaints would typically be referred to the EEOC.  Complaints may be filed by groups where a pattern is established would be reviewed and resolved by the OFCCP. 

The process and forms employees or applicants may use to file a complaint can be found here:  http://www.dol.gov/ofccp/regs/compliance/pdf/pdfstart.htm

Groups must file their complaint with 180 days of the discriminatory infraction.  Corrective actions recommended for these infractions could include payments of back pay, job offers, training programs, promotions, etc.  Finally, employers failing to follow guidelines and recommendations of the OFCCP may have their Federal contracts stripped. 

Also, to remain compliant, Employers covered under these Executive Orders must make it known that applicants for positions will receive consideration for employment without regard to race, color, religion, sex or national origin; and that the company prohibits discrimination under these bases.

And remember all of you Human Resources professionals: Be Human... Be a Resource... Be a Resource for Humans.

  
Useful Links:



Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

View Trevor Stasik's profile on LinkedIn

Thursday, March 14, 2013

EEO Laws - USERRA


As you may have read in one of my previous posts, the VEVRAA protects veterans at employers with Federal contracts.  However, shouldn’t veterans in all jobs have some level of protections afforded them?  They do.  Which will bring us to today’s topic.  As always, if you have an opinion or some experience that you would like to share, please feel free to leave a comment.

EEO Laws - USERRA

Signed into law by President Clinton in 1994, the Uniformed Service Employment and Reemployment Rights Act (USERRA) protects the reemployment of military members returning from service and also prohibits employer discrimination.  Previously, the Vietnam Era Veterans Readjustment Assistance Act protected veterans against discrimination with employers that were Federal contractors and subcontractors.  The USERRA expanded that to include all employers.  It states:

A person who is a member of, applies to be a member of, performs, has performed,
applies to perform, or has an obligation to perform service in a uniformed service shall
not be denied initial employment, reemployment, retention in employment, promotion, or
any benefit of employment by an employer on the basis of that membership, application
for membership, performance of service, application for service, or obligation.

Reemployment

The USERRA also means that you, the employer, must provide for the reemployment of the veteran, should they be called into service.  Your employee must give you notice of their absence, unless their military mission prevents them from doing so.  Notice can be verbal or written.  Upon the workers return from service, the employer is obligated to give them their job back with advancement.  What this means is that if a reasonable person could have expected to receive a promotion and been moved into a more senior position had they not left, the employer must give them that higher position.

The timeframe for reemployment is as follows:
  • Active duty 1-30 days - Employee must report back on next regularly scheduled work day after completion of service plus 8 hours
  • Active duty 31 to 180 days - Employee must apply for reemployment within 14 days after completion of service
  • Active duty 181 days or more - Employee must apply for reemployment within 90 days after completion of service
  • Injury/Ilness - Add 2 years to any of the above timeframes

 Should one of your employees return from military service, you will need to ensure that you give them their job, regardless of whether that job has been given to someone else in the meantime.  You may be able to create a duplicate position for the returning veteran, but you may not deny them simply because someone else was hired to do the work while they were away.  Additionally, once the veteran has been re-hired, you cannot terminate them without cause, even in employment “at-will” states.

There are a lot of specifics involved with the USERRA and you should review the law carefully with your own counsel.  The law is strictly enforced and any violation of any part of the USERRA can be grounds for a lawsuit. 

And remember all of you Human Resources professionals: Be Human... Be a Resource... Be a Resource for Humans.

  
Useful Links:



Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

View Trevor Stasik's profile on LinkedIn

Thursday, March 7, 2013

EEO Laws - VEVRAA


Have you ever thought about the troops and just how much they have sacrificed for this country?  Have you ever wondered about why job applications always ask you questions about whether you served in the US military?  Today’s post about Equal Employment Opportunity type laws will probably help you in answering those questions.  As always, please feel free to leave your own comments and opinions at the bottom.

EEO Laws - VEVRAA

To date, America’s longest war, the Vietnam War stretched from 1955 to 1975.  As an exercise in stopping the spread of communism, Americans fought valiantly alongside the South Vietnamese in bloody combat for decades.  In the course of war over 58,000 Americans had lost their lives and over 300,000 were wounded.  The Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA) was one of a number of laws that were created to offer some protections for those Vets returning and attempting to fit back into society.  It was created with the Vietnam Vet in mind, but applies to other veterans as well.  Generally speaking, federal contractors, and sub-contractors with contracts over $100,000 must follow the guidelines established under this act.  It was expanded and revised later by the Jobs for Veterans Act (JVA)

Affirmative Action and Discrimination

Under the VEVRAA, those employers that fell under the umbrella must not discriminate against veterans.  They must ensure that veterans are not intimidated or retaliated against due to their veteran status.  Additionally, those employers subject to the act would be required to favor certain kinds of veterans in their hiring and selection process.  Types of veterans that must be favored include:

--- Disabled veterans
--- Recently separated veterans (up to 3 yrs)
--- Veterans with a campaign badge
--- Vietnam era veterans

When posting jobs, employers must list most job openings with local State employment services.  There are additional veteran preference provisions, but those were established and expanded under the Veterans Employment Opportunities Act (VEOA).

Official complaints of discrimination and failure to comply with the Affirmative Action provisions may be made with the Office of Federal Contract Compliance Programs (OFCCP) or through the local Veteran's Employment Representative at a local State employment service office.  Enforcement of the VEVRAA is also done through the Veteran’s Employment and Training Service (VETS).  Employees that feel they may have been violated against must file in writing with VETS within 60 days of the alleged infraction.

Employers subject to the VEVRAA should take care to remember that failure to follow this law could open them up to lawsuits and the possibility of losing their government contracts.

And remember all of you Human Resources professionals:  Be Human... Be a Resource...  Be a Resource for Humans.



Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

View Trevor Stasik's profile on LinkedIn

Thursday, February 28, 2013

EEO Laws - Civil Rights Act of 1991 (1991 CRA)


Confused yet?  There is a law that was produced in 1991 that clearly defined and undefined different legal actions in the name of Civil Rights.  It has a very muddled history, and I certainly cannot do it justice here in my short post.  As always, feel free to leave a comment or opinion below.  Without further ado, let us now discuss...

EEO Laws - Civil Rights Act of 1991 (1991 CRA)

The 1991 Act provided some changes to the Civil Rights Act, correcting and amending things that had come about since Title VII first went into effect.  The 1991 Act allowed emotional and punitive damages to be sued for under Title VII.  It put in place some caps on damages that could be sought in discrimination trials.  It also allowed parties to receive jury trials and reinterpreted disparate impact in law.

Suits?

Prior to the 1991 CRA, there had been a controversial 1989 case that was decided on by the Supreme Court.  In “Price Waterhouse v Hopkins,” the Supreme Court found that an employee that was unjustly bypassed for promotion due to sexual discrimination could not sue because she would have been bypassed for promotion anyway due to performance.  This upset many individuals, prompting action by Congress.  This act sought to merge portions of the Civil Rights Act of 1964 with Section 1981 of the Civil Rights Act of 1866, and borrowed some of the language from the failed Civil Rights Act of 1990.  Congress passed the 1991 Civil Rights Act to add some teeth to Title VII, allowing workers and applicants that felt that they had been discriminated against to sue for more than just backpay, but to allow them to seek out punitive damages and damages due to emotional distress. However, it also placed caps on the amounts that could be sought, attempting to limit the use of discrimination lawsuits.

Ending Affirmative Action?

As a result of some last minute language that was added to the 1991 CRA strictly prohibiting race, gender, ethnic, and religious minority status from being considered in any employment process, the government felt obligated to strip Affirmative Action programs from all federal employment processes.  This was not the intent of adding the language and additional language was added with a new clause, attempting to allow consideration for purposes of affirmative action.

The 1991 CRA has been found difficult by the courts to enforce due to the sometimes vague and contradictory.  Again, I am not doing it justice here.  There is a detailed description and history of it over at http://www.referenceforbusiness.com/encyclopedia/Ca-Clo/Civil-Rights-Act-of-1991.html  that I highly suggest reading.

And remember all of you Human Resources professionals: Be Human... Be a Resource... Be a Resource for Humans.



Useful Links:



Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

View Trevor Stasik's profile on LinkedIn

Tuesday, February 26, 2013

EEO Laws GINA - Follow-up


An old friend of mine pointed out that the Genetic Information Nondiscrimination Act of 2008 (GINA) did not extend out to supplemental insurance.  I thought that it was an interesting thought, so I am following up on it today.  As always, please feel free to leave a comment or an opinion below.

EEO Laws GINA - Follow-up

We had previously discuss how GINA was established to allow an individual work some protections of their individual genetic code.  Employers cannot discriminate against you when it comes to your genetic predispositions and insurance companies cannot treat you differently based on your genetic code.  Some of you may have supplemental insurance through your employer, such as life insurance, long-term care insurance, or disability insurance.  These insurances are not considered medical insurance, and will not necessarily be covered under GINA. 

You most likely have already added a section to your employee handbook describing GINA for your employees.  As employees may become sensitive to this loophole in GINA, it may be helpful to add a one line notice to your employee handbook about what insurance is covered and is not covered by this law.  You may want to check with your company’s legal counsel regarding any questions here.

And remember all of you Human Resources professionals:  Be Human... Be a Resource...  Be a Resource for Humans.



Useful Links:



Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

View Trevor Stasik's profile on LinkedIn

Sunday, February 24, 2013

EEO Laws - GINA


Have you ever heard of an employer refusing to hire a new applicant on the basis of their family medical history?  Have you ever heard of an insurer charging someone higher rates based on their predisposition to developing a disease in the future?  Both of these situations may be considered discriminatory and illegal.  Today, we will look at this further.  As always, please feel free to comment below with your own experiences and opinions.

EEO Laws - GINA

Continuing on with our discussion of Equal Employment Opportunity laws, this morning I would like to take a few moments to discuss the Genetic Information Nondiscrimination Act of 2008 (GINA).  According to Congress, the term “Genetic Information” includes results from an individual’s genetic tests, results from genetic tests of an individual’s family members, and the manifestation of any disease in any family member.  This act is exactly how it sounds; it protects employees and applicants from discrimination based on their own Genetic Information.  Organizations with over 15 employees will be subject to this law.

Employers and GINA

You are not allowed to collect the genetic information of your employees.  It is illegal to seek out that information or to ask about it, with some exceptions.  Exceptions can include limited access for medical and healthcare providers offering services, for those monitoring the workplace for toxic substances, and law enforcement.  Employers are also allowed to offer voluntary health risk assessments to their employees.  Individuals being served or monitored may be required to complete forms providing the company with written authorization.  Employers may inadvertently receive genetic information when requesting medical information for on an employee.    Employers are permitted to seek out limited information as part of FMLA certification.

To protect yourself, be sure to include a notice when requesting information that the medical providers not include any genetic information with the records that are being sent.

If you, the employer, inadvertently come across that genetic information, you must remember to treat that information as completely private.  Be sure to protect that information on a strictly need to know basis.  You cannot use that information in any discriminatory way.  You cannot base any of your employment or insurance decisions on that information.  You cannot prevent or block promotions or pay increases based genetic data; nor can you harass an individual in any way based on genetic information.

Human Resources personnel should be sure to put up the EEO posters in a pubic and visible place; and which include the GINA law.  Remember to notify workers of their genetic information rights in their Employee handbooks.

Complaints

Employees and applicants have the same full range of remedies available to them as with other statuses under Title VII of the Civil Rights Act.  They have the right of placing a lawsuit against the organization, seeking damages, reinstatement, back pay, etc.  The employee can file with the EEOC, who may give them a notice of a Right to Sue.  The EEOC may also file the civil suit on behalf of the employees.

There are some people that are concerned that genetic data collected by insurance companies during medical testing could be used to discriminate against them.  This Act seeks to prevent that.

And remember all of you Human Resources professionals:  Be Human... Be a Resource...  Be a Resource for Humans.

Useful Links



Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

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Thursday, February 21, 2013

EEO Laws - Rehabilitation Act of 1973


Some of those that are handicapped/handicapable face challenges and obstacles that are so disabling that they need protections and assistance beyond what is provided by the Americans with Disabilities Act (ADA).  This is where my post will pick up, as we discuss another EEO Law today.  As always, please feel free to leave a comment or an opinion in the area below.

EEO Laws - Rehabilitation Act of 1973

Designed initially to replace the older and more limited Vocational Rehabilitation Act, the act of 1973 extended services to the disabled to assist them in getting and maintaining employment.  The document states that the purpose of the Rehabilitation Act was to “to empower individuals with disabilities to maximize employment, economic self sufficiency, independence, and inclusion and integration into society.”  Qualified individuals with disabilities are protected by the law; those people having significant limitations in walking, seeing, breathing, working, etc. 

Services

Under the Act, the Rehabilitation Services Administration was established.  This organization is in charge of government grants and funding provided for the aid and rehabilitation of those with disabilities.  It is there to support the operations of various programs including independent living centers, service projects, and Randolph-Sheppard vending facilities.  (Side note:  Randolph-Sheppard vending facilities are government cafeteria and vending areas that are maintained by the blind.)

Employment Protections

Under my post on the ADA, we previously discussed how discrimination of the disable is illegal.  The protections offered for employment by the Rehabilitation Act are the same as those for the ADA.  Any disabled employee or applicant will need to meet the qualifications for the job.  Within reason, a disability may be accommodated for, but an employee would still be required to complete their work as assigned.  Those interviewing a disabled individual should match skills to job qualifications; focus on the person’s abilities versus their disabilities.

Accommodation

Similar to the ADA, Federal Agencies, Contractors, and Sub-Contractors are required to provide reasonable accommodation for those that are disabled.  So long as the accommodation does not provide undue hardship for the company, the employing organization is required to provide accommodation for the handicapped/handicapable.

Affirmative Action

The Rehabilitation Act looks specifically at those working directly for the US Government and associated contractors.  In addition to protection from discrimination, it also requires “affirmative action” in favor of the disabled.  Generally speaking any Federal government contractor or subcontractor with construction contracts greater than $10,000+, or non-construction contracts of $50,000+ is subject to the Affirmative Action dictates of the Rehabilitation Act.  This is

Complaints

Individuals may file a complaint against an organization subject to the Rehabilitation Act if they feel that they have been discriminated against.  The person that feels that they have been discriminated against has 180 days from the time of discrimination to file.  There may be exceptions to this time frame is good cause can be shown.  On the DOL website, there is a CC-4 complaint form that can be completed and filed.  You can review those procedures and the form here:  http://www.dol.gov/ofccp/regs/compliance/pdf/pdfstart.htm   Failures discovered by the Office of Federal Contract Compliance Programs may push through valid complaints, potentially resulting in payments to the discriminated individual and the loss of contracts.

All employers, especially those that have federal contracts, should ensure that they are in compliance with the Rehabilitation Act.

And remember all of you Human Resources professionals: Be Human... Be a Resource... Be a Resource for Humans.


Useful Links:



Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

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Monday, February 4, 2013

Follow-up Note on Fun Modes of Transportation

I will return tomorrow with a post on EEO Laws again.  For now, I just wanted to provide you with a  Fun Modes of Transportation at Work .  After my post, I had gotten some additional research back.  The one other thing that you might want to check before installing a slide or zipline in your workplace are your local zoning codes.  Check to see what kinds of permits and inspections are required in the process of building your fun but safe workplace enhancement.  For those local to Phoenixville, here is a link to our zoning codes:  http://www.phoenixville.org/_Departments/CodesAndZoning/ApplicationsAndPermits.html .  Be sure to check out your own local codes and ordinances.
quick follow-up to my Casual Friday post on

And remember all of you Human Resources professionals: Be Human... Be a Resource... Be a Resource for Humans.

Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

View Trevor Stasik's profile on LinkedIn

Thursday, January 31, 2013

EEO Laws - ADA


Have you ever walked around your office space and wonder about your handicapped/handicapable friends?  Have you considered whether they would be able to do a job or how they might accomplish it.  This brings me to the topic of today’s post, the Americans with Disabilities Act (ADA).  As always, please feel free to comment about your opinions and experiences below.

EEO Laws - ADA

Building off of the previous Rehabilitation Act of 1973, the ADA was signed into law by President George H.W. Bush in 1990, allowing those with disabilities to seek accommodation in modern life, especially in dealing with employment.  The law also makes hiring, firing, promotion, training, and other employment choices based upon one’s disabled status discriminatory and illegal.  The ADA defines a disability as, “a physical or mental impairment that substantially limits one or more major life activities of such individual.”

Employment

Discrimination of disabled workers is illegal.  If a company has 15 or more employees, they must comply with the ADA.  However, any job applicant must meet the qualifications required of a job to be hired.  A disabled applicant without the necessary job qualifications will be treated the same as a non-disabled applicant without the necessary job qualifications.  In interviewing a disabled person, managers and HR reps should focus on the individuals match with the job qualifications and not the disability.  In the event the disability is obvious (example: Lifeguard candidate that only has one leg), a potential employer may ask the applicant to describe how they would be able to perform specific job duties.  When interviewing a disabled candidate, be sure to only ask job function related questions.  It is okay for an interviewer to explain the process for an applicant to request accommodation, if it is needed.

Medical Testing

Under the ADA, an employer may require that a disabled employee or job applicant undergo a medical test to determine the physical capability of the worker to complete their job-related functions.  However, they may require this of the disabled workers, only if all non-disabled workers are also required.  The Medical Testing is not allowed to happen prior to making a job offer, but it can be a condition placed on a job offer.  Employers that that do this will need to keep their medical records entirely private with three exceptions:

- Managers and Supervisors can be informed of any work restrictions placed on the employee and what accommodations may be necessary.
- First aid and safety responders can be informed if they may be required for emergencies.
- Government officials investigating ADA compliance may view records.

Some perceived medical conditions are not considered to be covered under the ADA.  Conditions such as Kleptomania, Pyromania, Compulsive Gambling, Psychotropic Flashbacks, and Illegal Drug Use is not protected under the ADA.

Accommodation

Disabled persons should be accommodated in the workplace so long as it does not cause any undue hardship to a company or organization.  The accommodations may not cause a threat to workplace safety, or the health and well-being of themselves and others.  Employers should allow applicants and employees to offer their own suggestions about how they can best be accommodated.  Some examples of reasonable accommodations that could be requested might include:

- Providing larger print so text may be read by those that might be vision impaired.
- Changing work hours to allow for a medical treatment
- Adjusting the height of a desk or workstation.
- Providing keyboards or phones with larger buttons for those with poor hand-eye coordination

The employer does need to be made aware of the need for accommodation.  They cannot accommodate for a disability if they have not been made aware, nor can they be held accountable in a court of law for not accommodating if it was not requested.  Employers may offer less expensive alternatives to requested accommodations, if the request accommodation is deemed too expensive.

The ADA has made it possible for those handicapped/handicapable to be able to work with dignity and respect. 

And remember all of you Human Resources professionals:  Be Human... Be a Resource...  Be a Resource for Humans.


Useful Links



Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

View Trevor Stasik's profile on LinkedIn

Tuesday, January 29, 2013

OSH Act

Are you keeping your workers safe?
Don your hard hats and your rubber gloves!  It is time for us to talk about safety regulation.  I had my hands on experience with these regulations back when I was in the Navy.  Working within a nuclear power plant, everything we did down to the cleaning chemicals we used, was governed at some level by the Occupational Safety and Health Administration (OSHA).  I know some of you have had experience with these safety regulations; please feel free to post your own opinions and comments below.

OSH Act

Today I would like to take a break from out discussion of EEO Laws to talk a little bit about worker safety through the Occupational Safety and Health (OSH) Act and the General Duty Clause.  Prior to the enactment of this law, there were few rules governing the safety of workers.  There were many people that were killed or maimed in work related incidents.  The OSH act was signed into law by President Nixon in 1970 to allow for a safer labor environment for workers.  Since then, millions of people have benefited from the protections of these regulations.  The regulations formed by the OSH act are overseen by OSHA.  The Act itself looks to reduce hazards in the workplace.  Hazards can come in a variety of different forms.  There are those covered by the OSH act that are general in nature, such as fire protection, working surfaces, and first aid.  There are also those that are designed to be specific to an industry.

Personal Protection Equipment (PPE)

It would take a very long time to go through all of the OSH act and other supporting regulations.  However, one thing that was really brought to the forefront as a result of the OSH act was the use of PPE.  PPE can include:

Respirators
Ventilation Fans
Protective Gloves
Boots and Foot Protection
Electrical Protective Devices
Eye Protection and Goggles
Ear Plugs...
And many more.

It is required that all businesses determine whether workers would benefit through the requirement of PPE protection.  Each company should consider any hazards present in their workplace, and design a safety program around it.  This program should include training for each employee in the proper use of safety equipment.  There should also be a method workers can use to report unsafe conditions and also a procedure that is designed to ensure any dangers are addressed by management.

General Duty Clause

The General Duty Clause comes from Section 5 of the OSH act.  Specifically, it states, “Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”  The clause goes on to state that it is up to each employee to follow the safety rules.  The importance of the General Duty Clause is that it makes the employer responsible for any “recognized hazard” in the workplace, whether it is covered by a standard or not.  A hazard is determined to be recognized if it is common knowledge in the industry and if it is detectable by the senses; or if it is a widely known industry issue even if it has not been detected by the senses. 

Failure to provide a safe environment to your workers can open an employer up to all kinds of lawsuits.  It should be part of a risk management program for every company to provide, maintain, and enforce safety standards.  The OSH act has had widespread implications, but it is up to all of us to be mindful of safety.

And remember all of you Human Resources professionals:  Be Human... Be a Resource...  Be a Resource for Humans.



Useful Links



Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

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Sunday, January 27, 2013

EEO Laws - ADEA


As people get older, some of them may wonder if they are being discriminated against in the workplace.  In 2011, the EEOC received over 23,000 official complaints of age discrimination, an increase of 35% increase over the last 10 years.  This brings us to the next part of my series on Equal Employment Opportunity laws.  Have you have ever been discriminated against due to age, or have ever seen anything related to it in your workplace?  Leave a comment down below.

EEO Laws - ADEA

Happy Sunday Morning!  I hope that you have your cup of coffee ready to go, because today we are going to discuss the EEO law known as the Age Discrimination in Employment Act of 1967 (ADEA).  Employees do not stay young forever.  Job Searchers and Applicants hair may turn grey or fall out over time.  In the past, it was possible that people found it harder to get jobs and keep jobs simply due to their age.  When the Civil Rights Act of 1964 was being debated in congress, some argued that age discrimination should be included.  At that time, it was determined that further study would be necessary, and it was not included as a protected group.  However, following studies that showed workers over the age of 40 were being forced into retirement, looked over for promotions, and having their job applications ignored.  Therefore, Congress passed the ADEA.

The law makes it illegal “to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age”.  Any workers over the age of 40 may be able to make a claim of age discrimination.  At one time there was a maximum age, but that limitation was later removed. 

Workers or applicants that feel they have a case of age discrimination may place a claim with the EEOC.  They have a 180 day deadline to file from the time the discriminatory act occurs.  Workers under 40 cannot claim reverse discrimination, as employers are not prohibited from favoring older workers over younger ones.  Workers may not be forced to retire at a given age; although there are some exceptions to this such as age limits for air traffic controllers.

And remember all of you Human Resources professionals:  Be Human... Be a Resource...  Be a Resource for Humans.


Useful Links



Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

View Trevor Stasik's profile on LinkedIn

Thursday, January 24, 2013

EEO Laws - Equal Pay Act of 1963 (EPA)


I hope that you are having a great morning.  Some time ago, it was not unheard of for a woman to be paid less for doing the same job as a man.  This may even continue in some places today.  This is illegal and brings us to the subject of my next post.  As always, I would love to hear your own experiences or opinions on the matter.  Please add to the discussion in the comments section below.

EEO Laws - Equal Pay Act of 1963 (EPA)

Today I would like to continue with our dialogue on EEO Laws.  We will now touch on the topic of the Equal Pay Act of 1963.  Signed into law by President John F. Kennedy, the law prohibits compensation discrimination on the basis of sex.  It effectively provides that a woman should be paid equally and fairly for producing the same work as if a man were in the same position. 

The act provides that the following are the reasons why the pay disparity was abolished:
-- Lowers wages and living standards
-- Prevents maximum productivity of workforce
-- Causes disputes in the workplace over pay gaps
-- Burdens commerce 
-- Unfair competition

Same Job?

There are a series of qualifications which may be tested to see if a job one employee is similar enough that they ought to be getting paid the same as another.  In the case of the EPA, specifically between a job a female is doing versus a male counterpart.  The qualifications looked at include Skill, Responsibility, Effort, Working Conditions, Establishment.  For Skill, consider what knowledge and aptitude is needed for a job; is it the same for both?  For Responsibility, you will want to look at the accountability one has in a job, as well as their ability to delegate work.  Effort looks at the physical and mental exertion needed to complete a job.  For Working Conditions, consider the risks and environmental situations that both employees are working in.  Lastly, consider where the work takes place, also known as the Establishment.  Are they both working in the same location?  If you can answer yes to these questions, you ought to consider the jobs equal and they should be receiving the same pay.

When correcting unequal pay, you must be careful to never lower the wages of the person currently receiving more money.  You are only allowed to raise up the person that was making less.

Lawsuits and Filing

Human Resources representatives and managers will want to take seriously any claims a worker makes on the basis of compensation and gender disparity.  Employees that feel that they are receiving less money for producing the same work as a member of the opposite sex may choose to file a lawsuit.  Under the EPA, employees can take their employer directly to court without first filing a complaint with the Equal Employment Opportunity Commission.  All forms of compensation are covered under the EPA including stock options, bonus plans, reimbursement of travel expenses, and benefits.  The EPA does not have any time limit for filing a suit, but if an employee is also filing a claim under Title VII, they will likely follow that 180 day deadline per the EEOC.

And remember all of you Human Resources professionals:  Be Human... Be a Resource...  Be a Resource for Humans.



Useful Links:



Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

View Trevor Stasik's profile on LinkedIn