The New Year is off and running, but it’s not too late for employers to make a few employment law-related resolutions.
Sexual harassment policies
These policies should top the list of resolutions this year.
- Carefully re-review your sexual harassment policy.
- Revise it if necessary to ensure that it contains instructions on how to report, and mandates that every employee report any suspected sexual harassment.
- Make sure all supervisors and managers are trained to complete the sexual harassment process.
Social media and the workplace
Another hot-button issue for 2012 is employee use of social media. The debate over employees’ use of social media heated up in 2011, with the National Labor Relations Board (NLRB) issuing a report on its investigations of 14 cases involving the use of social media and employers’ social and general media policies.
In four of the 14 cases, the Board’s Division of Advice found that employees were engaged in protected concerted activity because they were discussing terms and conditions of employment with fellow employees.
- Formulate a strategy and policy for dealing with employees’ use of social media in a way that could impact your organization.
Classifying employees
- Audit exempt and nonexempt classifications and reclassify employees if necessary.
ADA Amendments Act
The ADA Amendments Act(ADAAA)is another area employers should consider in the New Year. Since the definition of covered individual with a disability has been expanded, employers need to take a look at who might be entitled to reasonable accommodations.
The Equal Employment Opportunity Commission (EEOC) has been aggressive in its enforcement activities related to the ADAAA. As a result, employers should review their employee handbooks and policy manuals to ensure that they contain a prominent ‘reasonable accommodation’ policy.
- Policies should acknowledge the employer’s reasonable accommodation obligations and advise employees of the process to follow if they might need an accommodation in connection with any work-related issue or with regard to the application of any company policy, including but not limited to those dealing with attendance and leaves of absence.
- Make sure all supervisors and managers are aware of the significant change in law and ensure every stage of the process is appropriately documented.
The Genetic Information Nondiscrimination Act (GINA) is another area deserving of consideration in the New Year.
- Employers should make sure the “safe harbor” language in EEOC’s GINA regulations get attached to any request for medical information whether in connection with a Family and Medical Leave Act (FMLA) request or as part of evaluating an employee’s request for possible accommodation.
That safe harbor language spells out that employees and applicants are asked to not provide any genetic information when responding to any employer request for medical information such as pre- and post-offer medical exams and fitness-for-duty exams.
Call The Weston Group for a confidential consultation today at (605) 275-4747.