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For a more detailed explanation, we turned to BLR/HRhero’s HR Guide to Employment Law, written in part by Desmond, who is a Partner in the New Orleans, Louisiana office of Jackson Lewis LLP. You could set yourself up for a disparate impact suit, Desmond says, if : Your listed requirements on the job description are […]
They assist you in clarifying what skills or traits you expect an applicant to meet. They help you to defend yourself in court should you be sued over your hiring decision. We found details in BLR/HRhero’s HR Guide to Employment Law, written in part by Desmond, who is a Partner in the New Orleans, Louisiana […]
In yesterday’s Advisor, we covered audit areas for compensation and preemployment issues. Today, we’ll look at employment and termination issues, and we’ll introduce a unique checklist-based audit system. Job descriptions. For all positions, you should have up-to-date job descriptions that accurately reflect the job duties. Make sure that the job descriptions identify all essential functions […]
Essential job elements … exposure to physical hazards … pay grade … the list of what should be in a job description is long. But what should you keep OUT of job descriptions? Here’s a checklist taken from BLR’s popular Job Descriptions Encyclopedia. How many of these “no-no’s” will you find in your job descriptions? […]
It’s time to review those job descriptions again! And as always, the focus is on the essential functions decision. We’ve collected five myths of essential functions to help you with this updating task. So before you start, take a look at our five myths—and then, dive in. The Five Myths of Essential Functions We’ve identified […]
Yesterday’s Advisor focused on Jacuzzi’s rules for electronic recordkeeping. Today, we’ll get more of his tips and an introduction to BLR’s popular “find-it-before-the-feds-do” FLSA audit program. Jacuzzi is a shareholder in the South San Francisco law firm Simpson, Garrity, Innes & Jacuzzi, P.C. His comments came at a recent audio conference sponsored by BLR®. What […]
“Retaliation lawsuits are among the easiest to prevent,” says attorney Jody Katz Pritikin, but retaliation is a common reaction by managers who are embarrassed or angered by an employee complaint, and that means managers have to be on the watch for it. Pritikin, who offered her tips at SHRM’s Employment Law and Legislative Conference, held […]
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 […]
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 […]