HOLIDAY REMINDERS: ACCOMMODATE RELIGIOUS NEEDS

The holiday season makes an ideal time to focus on the law regarding religion in the workplace. Title 7 of the Civil Rights Act of 1964 prohibits discrimination based on religion. In 2004, the EEOC reported more than 2,400 religious discrimination claims (http://www.eeoc.gov/stats/religion.html). Not surprisingly, many of these claims are combined with national origin discrimination allegations (i.e. someone alleges discrimination because they’re of Arab origin, as well as Muslim).

The EEOC makes these points on its Web site:

“In most cases, whether or not a practice or a belief is religious is not an issue. However, the EEOC defines religious practices to include moral or ethical beliefs as to what’s right and wrong, which are sincerely held with the strength of traditional, religious views. The fact that no religious group espouses such beliefs, or that the religious group to which the individual professes to belong might not accept such belief, will not determine whether the belief is a religious belief of the employee or prospective employee. The phrase ‘religious practices’ includes both religious observances and practices.”

“If your company’s dress code conflicts with religious practices, the employer must modify the dress code unless doing so would result in undue hardship. The EEOC’s guidelines on religious discrimination can be found by going to www.eeoc.gov/facts/fs-relig_ethnic.html.

Also, bear in mind that:

• It’s unlawful for an employer to fail to accommodate reasonably the religious practices of an employee or prospective employee, unless the employer demonstrates that accommodation will mean undue hardship in conducting its business.
• An employer may not ask about an employee’s religious background unless justified by business necessity.
   

KEEP OUT OF THE (LITIGATION) HEADLINES!

A recent issue of the California Labor and Employment Law Review included these case headlines:

• Employee Defrauded Into Resigning Prior Employment Receives $1.1 Million Judgment
• Employer That Did Not Have Actual Knowledge of Employee's Pregnancy Could Not Have Discriminated
• Employer Entitled to Summary Judgment in Discrimination Case Where Same Supervisor Had Promoted Employee
• Employee With Depression and BiPolar Disorder Could Proceed With Disability Discrimination Claims
• Employee Who Resigned Had Not Been Subjected to Retaliation
• Employee Who Caused Automobile Accident at In-N-Out Burger Was Not Acting Within Scope of Employment
• Employer Could Pursue Fraud Claim Against Bankrupt Former Employee
• Finance and Insurance Managers of Auto Dealers Were Not Owed Overtime Under the FLSA
• Manager Was Not Immune From Personal Liability for Torturous or Criminal Conduct

The point is this: You can’t defend against these actions from the rear-view mirror. Once an employee is encouraged to see an attorney, it’s too late: A case that has proceeded to this point has cost the employer at least $100K — win or lose!

To avoid finding yourself in this situation, use the HR That Works tools on the front end. Don’t assume that your employees know HR laws and regulations — train them! Don’t trust blindly — have checks and balances. Don’t assume that everything is going OK — use the Compliance Survey to find out. Only front-end strategies can keep your company out of the headlines.
 

PETER F. DRUCKER: RIP

DECEMBER TELECLASS

HR That Works users, mark your calendars for December 13th at 2:00 p.m. EST. Don Phin will be speaking on Creating Powerful Changes in 2006. To listen to November’s teleclass on Managing Immigrant Labor, click here and download the mp3 file.

“All you’ve got to prove is that you care for the people who are working for you. Whatever your respective personalities are, that’s the personal connection.”

Larry Bossidy, former CEO of Honeywell, in Execution

This issue discusses:

OFFICE PARTIES: AN OUNCE OF PREVENTION

Company holiday parties can be fun get-togethers — or your worst nightmare. Here are some basic recommendations to help ensure a happy, and safe, event:

• Keep the alcohol to a minimum (perhaps no hard liquor or a two-drink maximum).
• Don’t allow anyone to drive intoxicated. Make sure that designated drivers or taxis are available.
• If you see someone acting stupid (i.e., wearing a lampshade after having a few drinks), let them know.
• Be clear about gifting guidelines.
• Hold the party on Friday or Saturday night.
• Mix the holiday theme to be inclusive of all major religions.
• If you have the party at the office (it’s better not to) at least make sure that the environment is secure.

GET CREATIVE

Well-known photographer Dewitt Jones works with corporations to help expand their notion of creativity. As he sees it, although most people simply don’t think of themselves as creative, seeing the ordinary as extraordinary is something that we’ve all done. For Jones, those moments are like falling in love — and creativity is nothing more than falling in love with the world!

Jones provides three basic creativity lessons based on his experience as a photographer:

1. Change the lens and you change the picture. If you look through the eyes of employees or customers, you’ll get different views of how your company, services or products are perceived.
2. Find the right focus. Just as a photographer can decide what to focus their picture on, so can a company. When your focus is unclear, it’s hard to be creative.
3. Understand that there’s more than one right answer. Says Jones:

“This is simple idea, but one which can radically change the way you run your association and your life. Throughout our careers, we too often fall prey to the belief that there’s only one right answer: You either have it or you don’t. Although my own thinking often pulls me in this direction, I find that it simply doesn’t match up with the world I see around me. Our world just happens to be ambiguous, and that can be terrifying or, if seen from the right perspective, can be the very thing that leads us to open our creativity.”

FORM OF THE MONTH:

Assessing Your Human Relations Quotient (HRQ)

(PDF ) ( WORD) (RTF)

If you’re in HR, use this document to see how well you measure up. If you’re not in HR, ask how your HR person would answer these questions.

The information presented here is general in nature and does not constitute legal advice. Due to local and state laws and ordinances, an individual article might not apply in every jurisdiction.