Effective Policies and Employee Handbooks Lauren

Transcript:Effective Policies and Employee Handbooks Lauren:
Effective Policies and Employee Handbooks Lauren Nations Ariel Harris March 21, 2019 To Be Discussed Particular policies that should be included in your employee handbook. Particular aspects of certain policies that you should be aware of, including recent developments in the law. 2 Why Should We Care? In 2018, filings with the EEOC are up more than ever: EEOC filed 220 actions 200 merit lawsuits 20 subpoena enforcement actions 16 by Charlotte office (covering VA, NC, and most of SC) Cases filed by statute include: 111 Title VII, including 82 sex/pregnancy, 43 retaliation and 19 race 85 ADA Why Should We Care? Your policies can help you stay off the EEOC’s (and plaintiff’s counsel’s) radar: Clarify inappropriate conduct Emphasize non-retaliation provisions Emphasize commitment to being a “zero tolerance” workplace Ensure multiple, wide-open reporting channels and robust response protocols Handbook Introduction 5 Purpose of Employee Handbooks Sets forth the expectations for employees and provides implementation uniformity. Provides procedures and guidelines for supervisors when managing employees. Establishes a professional and cohesive environment. A great tool if company must defend against a litigation. Personal Introduction Positive and uplifting welcome message Encourage open and honest communication Policies will change from time to time Without notice? Supersedes all prior written or oral guidance At-will Employment NLRB Advice Memorandum 10/13/12 found café’s policy did not violate NLRA: “The relationship between you and [Company] is referred to as ‘employment at will.’ This means that your employment can be terminated at any time for any reason, with or without cause, with or without notice, by you or the Company. No representative of the Company has authority to enter into any agreement contrary to the foregoing ‘employment at will’ relationship. Nothing contained in this handbook creates an express or implied contract of employment.” Workplace Behavior 9 EEO Policy Anti-discrimination policy: Race, color, religion, gender, age, national origin, disability, veteran status Sexual orientation/gender identification? EEOC: both are protected; DOJ: neither are protected Circuit split: will Supreme Court hear? 2nd and 7th: sexual orientation is protected 11th Circuit: gender nonconformity is protected but sexual orientation is not 5th Circuit: sexual orientation is not protected 6th Circuit: gender identity is protected “Or any other legally protected status” Anti-Harassment Policy Include application to vendors and clients who interact with Company personnel May consider including a non-exhaustive list of examples of sexual harassment. Clarify that all employees (particularly managers and supervisors have a responsibility