Posts Tagged ‘EEOC’

September Tip of the Month: Don’t Forget – Equal Opportunity Reports (EEO-1) Are Due Sept. 30

Saturday, September 1st, 2012

Compliance Tip of the MonthThis month, we’d like to remind our colleagues in Human Resources about a very important deadline: Submit Form EEO -1 to the Equal Employment Opportunity Commission (EEOC) by September 30, 2012.

What’s EEO-1? This report tracks your dealership’s workforce by gender, ethnicity and job groupings. You must submit it if you have 100 or more employees, including both full-time and part-time.  Companies with  fewer than 100 employees must also file if the company is owned by, or corporately affiliated with, another company and the entire enterprise employs a total of 100 or more employees

Why is this report important? It’s the law. Avoid the hassles and expense of dealing with “show cause letters” or a court order (and the perception that you have something to hide in terms of possible workforce discrimination). Federal contractors who do not file  an EEO-1 report will face complete debarment from accepting future government contracts.

How do I gather the data? Pull the information from any pay period between July and September, 2012. KPA’s HR Management Software clients can easily collect the data and create the report using our system, then upload it to the EEOC website.  KPA clients, call us at  866-539-4718 if you have any questions.

For more information on the EE0-1 Report, visit the EEOC website.

EEOC: Two New Publications About Hiring Veterans

Friday, June 8th, 2012

To assist employers and veterans with the hiring process, the Equal Employment Opportunity Commission (EEOC) has issued two publications: Understanding Your Employment Rights Under the Americans with Disabilities Act (ADA): A Guide for Veterans (Veterans’ Guide) and Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers (Employers’ Guide). Both publications are set up in a question and answer format and address ADA coverage and provide specific guidance on requesting and providing reasonable accommodation.

 

New Rules Around Criminal Records in the Hiring Process

Friday, June 1st, 2012

On April 26, 2012, the EEOC released the “Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.” The final version basically defines how criminal records may be used in the employment process. In practice, what the ruling means for employers is that blanket hiring policies that filter out applicants with arrest records are discriminatory, and therefore illegal.

As an HR administrator, there are some steps you can take to make sure your company’s policies are in line with the law. Start by reviewing each job class in your company and assess what the risks are to your employees and company. It doesn’t have to be complex or detailed. Here’s an example:

Job Class Review

  • Clerical: Administrative only; no client/customer contact; does not operate a vehicle while on company business/errands or have access to money or proprietary information such as personnel information or company records.
  • The risks are violence/harassment towards employees and theft of company property. [Note: These risks would apply to every employee.]

Background Check components should include a criminal background check for convictions related to violence, theft or drugs within the past seven years (Again, standard).

  • Include in your process a review of any criminal record that includes the following factors:
  1. The nature and gravity of the offense or conduct
  2. The time that has passed since the offense, conduct and/or completion of the sentence
  3. The nature of the job held or sought

This may sound like a lot of work but, practically speaking, it isn’t. With a few exceptions, generally every employee poses the same risk of theft and/or violence. The key, as with all things HR, is consistency.

For example, if the job is clerical and the offense is a misdemeanor theft less than $500, the offense is over five years old, and the applicant has no prior or subsequent records, is it really relevant? What about a misdemeanor possession of marijuana six years ago? Does it affect the applicant’s ability to do the job?

However, if there are offenses prior or since, it wouldn’t be unreasonable to presume a “pattern of behavior” that puts your company at risk by hiring this person. Additionally, if those offenses are felonies instead of misdemeanors, the “gravity” of the offense changes dramatically and your decision should change accordingly.

In each case where you have someone with a criminal record, the guidance recommends an individual assessment. This means you should ask the applicant for his/her side of the story. We also recommend reviewing the actual criminal case files to compare the official version with theirs.

Your background check provider can help you with this. Whatever decision you make, it is important to have documentation as to how and why you did what you did – and then be consistent with similar situations in the future.

Credits

This post is based on a thorough review of the new EEOC Guidance on the use of criminal records in the hiring process that was originally published by our partners at LS Screening.

Read the full article published by LS Screening here. 

Download a hiring checklist from LS Screening based on the guidance here.

Related article:

Review of EEOC Guidance on the Use of Criminal Records in the Hiring Process

 

2011 EEO-1 Report Due 9/30/11

Friday, September 23rd, 2011

The deadline to file the 2011 EEO-1 Report is fast approaching.  Are you required to file?

All private employers with 100 or more employees or employers who have less than 100 employees, but are affiliated with another company and has centralized ownership, control or management are required to file the EEO-1 Report with the Equal Employment Opportunity Commision (EEOC).  All federal contractors who have 50 or more employees are required to file as well.

Qualifying employers must file employee demographic data with the EEOC.  This demographic data includes sex, race/ethnicity, and job category/classification.

Further information and instructions for how to file can be found on the U.S. Equal Employment Opportunity Commission website.

EEOC Issues Final Regulations for ADA Compliance

Wednesday, April 13th, 2011

Can you define what is a disability and who is covered under the ADA (Americans With Disabilities Act) and ADAAA (ADA Amendments Act of 2008) ?  The answer to this question of what is a disability  under the EEOC final regulations may surprise you.  Watch this short video to learn about the impact on employers when the Equal Employment Opportunity Commission (EEOC) final revised Americans with Disabilities Act regulations become effective on May 24, 2011.

 

 

 

 

 

How Many Lawsuits Does It Take….

Wednesday, April 6th, 2011
While “How many lawsuits does it take” does sounds like the beginning of an HR joke, AutoZone isn’t laughing.  The company has faced multiple employment lawsuits over the past several years and lost all of them, resulting in some very costly verdicts.  Most recently, on March 28th 2011,  the Ninth Circuit upheld a verdict for the EEOC  against AutoZone with the damages at $65,000.  The suit alleged that an AutoZone store in Arizona had created a sexually hostile workplace.   In September 2010 the EEOC filed a lawsuit in Massachuset U.S. District Court Massachusetts, alleging that AutoZone created a hostile work based on religious discrimination.  The Seventh Circuit upheld a verdict against AutoZone for wrongful termination in violation of the ADA in Wisconsin in December 2010.   The company is also facing a class action lawsuit for wage and hour violations in Oregon, California and Arizona. 
 
One thing the numerous lawsuit highlight is how hard it is to ensure compliance across a wide spread organization even with the best of intentions.   According to the AutoZone website, AutoZone is the ” nation’s leading retailer and a leading distributor of automotive replacement parts and accessories with more than 4,600 stores in the US, Puerto Rico, and Mexico.”  No doubt AutoZone has strict written policies against harrassment, hostile work enviroments and discrimination.  Certainly they provide training to managers and employees on what is appropriate behavior.  The founder of AutoZone has a long standing personal committment to equal rights and is patron of the of the National Civil Rights Museum, where the current CEO is serves on the board as Treasurer.  Yet a bad or misinformed manager at just one of those 4,600 locations can result in a $65,00 verdict.   
 
Join the conversation:  Is it easier to ensure compliance at a large corporate with a high level of HR staff and resources or at a smaller company?
 

EEO-1 Reports Are Due September 30th

Friday, August 27th, 2010

For those employers required to complete an annual EEO-1 report the deadline is fast approaching and September 30th will be here before you know it. Any employer with 100 or more employees or those employers who are federal contractors or subcontractors must file the report. Gathering the required information can take some time if you are not using HR software with EEO (Equal Employment Opportunity) reporting functionality, so don’t delay in getting started. 

 KPA offers a free recorded webinar “Advanced EEO-1 and Affirmative Action Compliance at http://www.kpaonline.com/hr.html.  The webinar provides information on what data is necessary to file an EEO-1 report along with instruction on how to file online.  KPA clients using the HotlinkHR program can easily extract the required data and then go to the EEOC website to file their EEO-1 report online. 

Remember you may file the EEO-1 report online anytime between now and September 30th. If you are not able to file online you should contact the EEOC immediately to discuss other options.

Join the conversation: Have you used the EEOC website to file your report?

Approach with caution- using the internet for recruiting

Wednesday, July 28th, 2010

Since 75% of HR professionals admit to Googling, Twittering and Facebooking in their quest to find out the dirt on a candidate let’s consider what that really means.

  • Who did you really find? There are several Kathryn Carlsons out there working in HR, you  are going to have to dig a bit to make sure you really have found me.  All the other Kathryns seem very nice by the way but they aren’t me. Plus what you do find on me is nothing I wouldn’t have told you if you asked because I monitor my online profile very, very carefully and I never accept an inviation  to any site unless I know I can count on the person to provide truthful information about me.  Facebook- nothing there I’m ashamed of and you will have to hack in anyway because I only share my Facebook page with family and very good friends.   Want some  insight on who I am- the OPUS assessment I took before being hired at KPA provided more information that then any web search.  A web search only confirms that I have worked in various area of HR for a number of years, published a bit, write a blog on HR issues, and been quoted in some articles.
  • Did your candidate really post that information? I did a Google search yesterday and lo and behold there was a new link with my name – it was me, it was from a article that used some information I had published and it was all good, but I didn’t put it out there.  If it hadn’t been good or truthful I would have taken steps to remove it.
  • Texts, pictures, and videos may have been manipulated before posting or after posting. Not convinced? Call the Department of Agriculture and let them explain how they fired Shirley Sherrod because of a doctored clip and then they had to apologize and offer her a new job  and the President appologized personally and the NAACP apologized and on and on…just because nobody took 10 minutes to research if this was the full text of a speech or a clip used by a blogger for his own purposes.

By the way those Internet searches you are doing in your effort to be a good recruiter/hiring manager? They are bound to reveal information you wish you didn’t have and go to great pains to not collect on an employment application or during the interview…  if you really want to know information about race, religion, disability, sexual preference and where they take vacations and what their pet’s name is…go for it… and then explain why that information never factored in the hiring decision when you are sued for discrimination.

Bottom line- If you use the internet to research information consider it part of the background check and do it after you get a release from the applicant.  Publish a social media policy so employees understand the ground rules and know that you will be checking up.  Stop and think before you use any information you find.

Join the conversation:  Have you Googled yourself lately?

Happy Birthday ADA (Americans With Disablities Act)

Monday, July 26th, 2010

Happy 20th  Birthday to the ADA (Americans with Disability Act)! Since becoming the law on July 26, 1990 the ADA has protected the rights of the disabled including access to public places, enforcing non-discrimination and requiring “reasonable accomodation” in the workplace.  Further protections for the disabled were provided by the passage of the Americans with Disabilities Act Amendments Act (ADAAA).  This law made clear that courts needed to focus their attention on the illegal discrimination – not on whether the victim was disabled within the meaning of the law.    So how effective has the ADA been in the past 20 years? Unfortunately discrimination against those with disabilities continues in the workplace. Consider the following statistics from the EEOC website:

  • 1993: 15,274 charges of discrimination filed with EEOC, which obtained $15,496,811 in relief for 1,851 people though its administrative process;
  • 2009: 21,451 charges of discrimination filed, roughly a 30% increase.  EEOC got $67,826,112 in relief for 3,238 people;
  • From 1993 to 2009, ADA charges rose from 17.4% of all charges filed with the EEOC to 23% of all charges filed as ADA charges became a greater part of the EEOC’s workload;
  • During the same period, the EEOC filed 874 lawsuits claiming violations of the ADA, collecting a total of $86,633,804 for victims of disability discrimination.
  • Join the conversation: What is your experience hiring a disabled person or as a disabled person applying for work?

    What is the cost of not allowing women mechanics at your dealership? $55K based on latest EEOC settlement

    Thursday, June 10th, 2010

    Is there any reason why women should not work as motorcycle mechanics? The obvious answer of course not-and the Dudley Perkins Company probably wishes that had been their reasoning in the past after paying out $55,000 to settle a lawsuit accusing them of not allow a women to work as a mechanic.

    The The Dudley Perkins Company, the country’s oldest Harley Davidson motorcycle dealership, will pay $55,000 and furnish other relief to settle a sex discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced on June 7, 2010.

    The EEOC’s suit had charged that the San Francisco-based company refused to let a female employee, Bowen Dean, work as a mechanic, while hiring less qualified men. Further, the EEOC said, Dudley Perkins fired her after she filed an EEOC sex discrimination charge.  Through the consent decree settling the suit, the court ordered that Dudley Perkins revise its equal employment policy and complaint procedure; train its staff every year about sex discrimination and retaliation; post a notice stating the terms of the decree and how to complain about discrimination; include in its advertising a statement affirming its commitment not to discriminate based on sex; and report its hiring decisions to the EEOC for the decree’s two-year term. In addition, the company will pay Dean $55,000 as monetary damages.  The cost of the bad press is hard to calculate.

    “Breaking into jobs in non-traditional fields continues to be a challenge for women, and despite the prohibitions on sex discrimination written into federal law in 1964, some sex segregation in employment continues,” said EEOC San Francisco Regional Attorney William R. Tamayo. “This settlement will help the motorcycle industry take a step forward.”

    The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov