President and Chief Executive Officer of the Society for Human Resource Management (SHRM), Johnny C. Taylor, Jr., SHRM-SCP, suggested, “Diversity—just diversity—doesn't work. You can hire the most multicultural, multigenerational workforce imaginable. But left alone, their differences are going to cause more problems than they solve.” Merriam-Webster defines “inclusion” as the state of being included. Inclusion, in human resources professionals’ minds, means being invited to the "right" meetings at work, feeling included with team activities, and having a development pathway and access to tools and opportunities. It's also making sure people are not being treated differently at work due to their appearance, beliefs or background.
Halloween can be an opportunity to create positive employee engagement and morale outside of the normal day-to day operations. If your company allows Halloween costumes at work, follow our “Top Five Tips” to set appropriate guidelines and reduce potential risks:
Can an employer terminate an employee because they are gay or transgender? That is the question before the Supreme Court of the United States (“SCOTUS”) today, October 8, 2019. SCOTUS will hear arguments on three (3) cases in order to decide whether discrimination based on sexual orientation, gender identity, gender expression, or transgender status constitutes discrimination “on the basis of sex.”
In the 2015 session, SCOTUS determined in Obergefellv. Hodges that the states could not ban same-sex marriage. As a result, the EEOC determined that discrimination against LGBTQ individuals was illegal. However, no federal law expressly prohibits employers from terminating an employee due to that person’s sexual orientation or gender identity.
The final rule updates the earnings thresholds necessary to exempt executive, administrative, or professional employees from the FLSA’s minimum wage and overtime pay requirements, and allows employers to count a portion of certain bonuses/commissions towards meeting the salary level. The new thresholds account for growth in employee earnings since the currently enforced thresholds were set in 2004. In the final rule, the Department is:
At times, employers are faced with the task of terminating an employee. Whether it is due to downsizing, a policy violation, or the employee simply was not a good fit, it is important that the employer has a documented record of employment events in order to defend against potential claims.
Employers should always consider what claims may be brought by the terminated employee. Is there any basis for a discrimination claim, under either federal or state law? Title VII protects race, color, religion, sex (which includes gender and pregnancy) and national origin. Harassment and retaliation based on any of those characteristics is also prohibited. The Americans with Disabilities Act (ADA) protects disabilities, both physical and mental. The Age Discrimination in Employment Act (ADEA) protects employees against discrimination due to their age (over 40). Most states have similar laws that may extend these protections to additional classes. In addition, there are legal protections for employees who engage in union-related activities or other types of concerted action in the workplace.
Joe Koechner
Pharmacist/Owner
Kex Rx Pharmacy & Home Care
"I’ve been working with HR Partners for seven (7) years and they’ve been a trusted resource for all of our HR needs. From creating our Employee Handbook, Job Descriptions, assisting with the hiring process and terminations, they have been a much needed and valuable partner as our company has grown from one location with six (6) employees to five (5) locations with over forty (40) employees."