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Internet-HR Boon or Bane
The internet can be a
double-edged sword for your Human Resources staff. Google*
and Yahoo*, and social networking sites like Facebook* and
MySpase* can provide a lot of often interesting information
about that potentially great candidate whose resume you just
received - information which doesn't appear on the resume.
Unfortunately, cyberspace may also provide information that
you absolutely do NOT want to know at this point in the
hiring process. That Great human interest story about his
personal struggle with cancer, the touching pictures of
their wheel-chair bound child with its three small siblings,
the interview with her discussing the challenges of finding
reliable day care, his active role in his church's
"rebirth", his article on the struggles to find employment
after age 60-all of this is information which will arguably
"taint" the process and can make you vulnerable in the event
you select another candidate. Does that mean you should
ignore this potential information source? No; but be fully
aware of the risks in utilizing it.
Cell
Phones-Risky Technology
Some time ago we
spoke of the risks of employee cell phone use while driving
on company business, a la the texting Engineer involved in
the recent LA train wreck. There may be another price to pay
for those Smart Phones and Blackberries. Are you hourly-paid
employees using such technology to access their company
phone or e-mail or otherwise sending or receiving business
messages 0 or simply researching or "finishing up" projects
- outside their scheduled work hours? This activity probably
constitutes "time worked" for purposes of both federal and
state minimum wage and overtime regulations, thus creating
overtime liability. Remember, the test for "work is not what
you want or direct the employee to do; it is any time that
the employee is "permitted" to engage in activities which
tend to benefit the employer. The issue is also a factor
which may add to the problems faced in the event that an
employee whom you consider exempt is found to be covered by
the act. If this may be a problem in your workforce,
consider adopting policies governing use of technology to
perform work outside of normal work hours and/or requiring
the reporting of time spent in such activities
EEOC's New Tactics
In what it says is an
effort to eliminate race and color discrimination by dealing
with underlying factors contributing to it, the Equal
Employment Opportunity Commission has adopted its E-race
initiative. It is a two-pronged effort which will assure
that life will get more complicated for employers. The
campaign has essentially created two new types of
"prohibited" conduct: Associational Discrimination and Code
Word Harassment. Associational Discrimination refers to
adverse action based on the person's relationship or
friendship with persons in a protected class. For instance,
the EEOC has prosecuted cases where a woman was terminated
after her manger met her biracial children and where an
employee referred to biracial couples as "Oreos" or Zebras".
Code Word Harassment will definitely keep HR on its toes.
Here the EEOC has sought relief in a situation where a
co-worker referred to an employee as "Cornelius", which the
employee considered an insulting reference to the character
from Planet of the Apes; and one where an employee of mixed,
partially Asian, heritage was referred to as "Bruce Lee".
Employees cannot lose sight of the fact that harassment is
in the eye of the beholder. A zero tolerance policy and
prompt action upon receipt of a complaint is the surest
means of avoiding costly litigations.
ADA Expansion
President Bush has
signed the Americans with Disabilities Act Amendments which
effectively overrule several Supreme Court decisions that
arguably limited the scope of the original statute. The
amendments became effective January 1, 2009. In addition to
stating that "disability" should be broadly interpreted, the
amendments specifically list "major life activities",
including such things as reading, bending and communicating,
and adds a list of "major bodily functions" such as
functions of the immune system, normal cell growth,
digestion, bowel, bladder, neurological, brain, respiratory,
circulatory, endocrine and reproductive functions. no longer
is the availability of mitigating measures a valid
consideration in determining disability - except for such
things as ordinary eyeglasses or contact lenses. The new law
also directs the EEOC to revise its definition of
"substantially limits" - presumably to limit it - and makes
clear that a condition that is episodic or in remission is
to be looked at as if it were active, rather than the actual
situation. When the implementing regulations are issued,
employers will need to make a careful examination of their
practices regarding employees with limitations to determine
what is required under the new law.
Mental Health Party
Lurking in the fine
print of the infamous "bail out" legislation is the Mental
Health and Addiction Equity Act of 2008. It requires that
employers with more than 50 employees, who offer mental
health coverage as a part of a group health insurance
program, provide the same financial and treatment coverage
for mental health issues that is provided for physical
illnesses/conditions. This means that "party" - which under
the 1996 statute was limited to equalizing annual and
lifetime limits between mental health and medical surgical
coverages - now includes deductibles, co-payments, out-of
pocket expenses, coinsurance, covered hospital days, and
covered out-patient visits as well. Covered employer plans
can no longer provide higher deductibles or co-pays or
shorter limits on hospital stays and out-patient treatment.
The new law, however, does not require any employer to offer
mental health coverage. It is simply requires an employer
who does offer it to offer the same benefits as are
available for routine medical coverage.
*Google, Yahoo, Facebook and MySpase are brand names of
their respective owners. |
