Month: May 2012

Five Factors for Establishing RFOA

Yesterday’s Advisor offered details about EEOC’s new final rule on Reasonable Factors Other than Age (RFOA). Today, three more “considerations,” plus an introduction to a unique program just for small or even one-person HR [Go here for Considerations 1 and 2.] Consideration #3—Employer Limited Supervisor’s Discretion This considers the extent to which the employer limited […]

EEOC’s Five Factors for Establishing RFOA

[Go here for Considerations 1 and 2.] Consideration #3—Employer Limited Supervisor’s Discretion This considers the extent to which the employer limited supervisors’ discretion to assess employees subjectively, particularly where the criteria that the supervisors were asked to evaluate are known to be subject to negative age-based stereotypes. EEOC recognizes that in many cases to it […]

Watch Out for Military-Leave Bias

When you think of employment discrimination, you probably think of protected traits like gender, race, disabilities, age, or religion, among others. But the country’s involvement in two hot wars over the past decade has put another type of discrimination on the radar screen: discrimination based on military service.

Business Necessity Out, RFOA In (Age Discrimination)

The old “business necessity” rule is no more; in disparate impact age discrimination cases, employers can now defend under the easier standard of “Reasonable Factor Other Than Age” thanks to a new final rule from EEOC. EEOC released its Final Rule on Disparate Impact and “Reasonable Factors Other Than Age” Under the Age Discrimination in […]

Business Necessity No, RFOA Yes (Age Discrimination)

EEOC released its Final Rule on Disparate Impact and “Reasonable Factors Other Than Age” Under the Age Discrimination in Employment Act of 1967 in March and it became effective April 30. EEOC also published an informative Q&A on which this article is based. ADEA and Disparate Impact ADEA prohibits two types of discrimination against workers […]

Perks, Imputed Income, and Phantom Stock—Exec Comp’s Tools

Wudyka is managing principal of Westminster Associates in Wrentham, MA. His tips came at a recent BLR/HRhero-sponsored webinar. Perquisites Perquisites are benefits unique to executives, says Wudyka. As some may be taxable, always clarify that issue before finalizing your plan. Some examples of perquisites: Country club memberships Cars Financial or legal planning Computers Phones Assistants […]

Executive Compensation—The “Third Payroll”

There are different types of incentives for executives, and taxation becomes increasingly important in compensation planning, says Wudyka, who is managing principal of Westminster Associates in Wrentham, MA. His tips came at a recent BLR/HRhero-sponsored webinar. Motivating Executives Is a Challenge Motivating executives is a challenge, says Wudyka, because their level of base compensation is […]

Retaliation—Policy Must-Haves and Prevention Must-Dos

Pritikin, founder of Proactive Lawsuit Prevention, made her comments at SHRM’s Employment Law and Legislative Conference, held recently in Washington, DC. Retaliation Policy Must-Haves Pritikin suggest that employers include the following in their anti-retaliation policies: Make a standalone commitment against retaliation—it’s the number one EEOC claim! Define retaliation Give a specific examples including “zone of […]

Turf War; Smurf War

Litigation Value: Wait, Dunder Mifflin might actually be a plaintiff in an employment dispute? In a surprising turn of events, the company may have claims against Andy Bernard for stealing a major client and against Jim and Dwight for stealing from the company. Not surprisingly, Dunder Mifflin is looking at liability ($150,000+) for Robert California’s […]