Key Employment Policies and Practices

16 Oct No Comments

Training New Managers

Understanding & FollowingKey Employment Policies and Practices

PRESENTED BY COLUMBIA SOUTHERN UNIVERSITY

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Topic Summary Slide

The topics that need to be covered when training new managers on key employment policies and practices include the following:Protected classes under Title VII of the Civil Rights of 1964 How the Act applies to hiring, promotion, and protected activitiesEmployer conduct that violates anti-discrimination lawsImportance of the Civil Rights Act in eliminating racial discrimination in the workplaceThe role of the EEOC in workplace discrimination regulations EEOC – Equal Employment Opportunity CommissionWhat documentation is needed to defend retaliation claims

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Walsh (2016) noted Title VII of the Civil Rights Act of 1964 is a Federal law that ensure that employers will not discriminate against employees for any of the following reasons RaceSexColorReligionNational Origin*This law applies to Federal, State and Local businesses with over 15 employees.

TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

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Walsh (2016) noted the following are Protected Classes:RaceColorNational OriginReligionCitizenshipAgeDisabilityPregnancyMilitary ServiceGenetic Information

Protected Classes

Image courtesy of: https://en.wikipedia.org/wiki/Equal_Employment_Opportunity_Commission

Hiring & Promotions

HiringWhen Hiring managers need to ensure that they are accepting and taking applications from everyone and not limiting their search to places where they are predominately one race, religion, color, or sexWhen Hiring never ask for training or educational abilities that are not part of the job or related to When hiring do not test or ask for credentials for skills that do not pertain to the job.PromotionsPromotions are subject to discrimination laws the same as the hiring process and equal payWhen determining the abilities of each candidate for promotion or when testing for promotional advancement businesses cannot require testing that is unbiased, or discriminates against color, gender, age, sex, race, or religionNoe, Hollenbeck, Gerhart, & Wright (2011) noted that Disparate Treatment is not an acceptable practice

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The following are Protected Activities:Employees have the right to oppose practices that are discriminatoryEmployees have the right to refuse orders or assignments that can or will result in discriminationEmployees have the right to protect themselves and others from sexual advances or sexual assaultEmployees have the right to ask for certain accommodations for their disabilities or to accommodate for religious needs (Walsh, 2016)

Employees Protected Activities

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Employer Conduct That Violates Anti-Discrimination Laws

According to Noe, Hollenbrook, Gerhart, & Wright (2011) the following conducts violate anti-discrimination laws:Disparate TreatmentDisparate impact Not accommodatingRetaliationDiscriminating Conducts May Include:Wrongful Termination or Reduction of hours, being demoted, or being laid offRefusing to hire, or withholding benefits, or giving poor schedules or hoursThreats or consequences for speaking up

Image courtesy of http://terramanagers.com/blog/2017/07/26/discrimination-harassment/

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Importance of the Civil Rights Act

According to Daft (2011), The Civil Rights Act was essential in eliminating racial discrimination in the workplace. Some of the issues this helped resolve and continues to resolve include: Making it illegal and holding individuals accountable for discriminating against individuals due to their raceRemoving and making segregation unlawful in any formEnsuring that individuals are not judged and discriminated against due to stereo types such as names.

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Role of the EEOC

According to Walsh (2016) the EEOC – The Equal Employment Opportunity Commission is a Federal Agency who is tasked with the responsibility of following discriminating laws, upholding those laws, and holding those who discriminate accountable for their actions as well as the consequences of their actions These discriminations include race, gender, age, disabilities, religion, and color as well as including the forms of discrimination such as not being paid fairly, not being promoted, not being hired, and having benefits denied or taken.

Image courtesy of https://www.michiganemploymentlawadvisor.com/equal-employment-opportunity-commission-2/significant-drop-in-eeoc-lawsuits-and-monetary-recovery-in-2014-shouldnt-hr-get-some-credit/

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Documentation Needed to Defend Retaliation Claims

The following Documentation is Needed:There needs to be a policy prohibiting discrimination The Employees Personnel File to include evaluations, documentation of leave, special requirements for religious or disabilities, and any documentation of warnings, tardy’s, and excessive absences without proper documentationProper Signage as required by the EEOCDocumentation of all alleged discrimination to include information gathered by the HR investigation

Image courtesy of: https://www.themckinneylawfirm.com/retaliation-and-whistleblowers/

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How to Prevent Discrimination in the Workplace

The following are suggestions for preventing discrimination:Read and understand laws and policies as well as keep up with amendments and changesHave an anti discrimination training seminar at least yearly however it is suggested to have it bi yearlyTake all claims seriously and investigate thoroughly Have a checks and balance in place to review all decisions, policies, and procedure to ensure there is no unintentional discriminatory language or insinuations

Image courtesy of http://www.lommen.com/consider-employment-law-training-for-your-supervisors-to-help-minimize-your-companys-risk-of-claims/

Daft, R.L., (2011). The Leadership Experience(5th ed.). Boston, MA: Cengage Learning.Noe, R.A., Hollenbeck, J.R., Gerhert, B., & Wright, P.M. (2011). Fundamentals of Human Resource Management (4th ed.). Boston, MA: Cengage Learning. (Untitled illustration of A Scale showing Equal opportunity). Retrieved March 1, 2018 from https://www.contractrecruiter.com/eeoc- 2015/(Untitled illustration of Discrimination Banner). Retrieved March 1, 2018 from https://www.zuckermanlaw.com/faq_cat/gender- discriminationglass-ceiling/page/2/(Untitled illustration of Discrimination Banner 2). Retrieved March 2, 2018 from http://terramanagers.com/blog/2017/07/26/discrimination-harassment/(Untitled illustration of Hiring sign). Retrieved February 28, 2018 from https://www.proficientz.com/hiring-the-right-product- manager/(Untitled illustration of The Equal Rights Symbol). Retrieved February 28, 2018 from https://en.wikipedia.org/wiki/Equal_Employment_Opportunity_CommissionWalsh, D. J. (2016). Employment law for human resource practice (5th ed.). Boston, MA: Cengage Learning.      

References

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