Employee Management Overview
Page Contents
- Federal
- Summary
- Diversity and Inclusion
- Diversity Training
- Employee Retention
- Equal Employment Opportunity
- Discrimination
- Establishing a Discrimination Claim
- Policies and Training Against Discrimination
- Sexual and Other Unlawful Harassment
- Types of Workplace Harassment
- Quid Pro Quo Harassment
- Hostile Work Environment Harassment
- Affirmative Defense to Harassment Claim
- Retaliation
- Managing Employees in Special Situations
- Flexible Scheduling Options
- Disabilities and Family Responsibilities
- Independent Contractors and Interns
- Managing Employees on Leave
- Communicating With Employees
- Employee Communications
- Employee Handbooks, Work Rules and Policies
- Organization of Employee Handbook
- Multi-State Employers
- Required Policies
- Training and Development
- Harassment Training
- EEO - Diversity Training
- Training on Disabilities and Family Leave
- Training on Occupational Safety and Health Act
- Training on Wage and Hour Issues and Overtime
- Union Training
- Managing Employee Performance
- Performance Reviews and Appraisals
- Promotions
- Procedures
- Job Descriptions
- Union Environment
- Recordkeeping
- Workers' Compensation and OSHA Records
- Personnel Files
- Document Retention Policies
- Monitoring Employee Conduct and Employee Privacy in the Workplace
- Violation of Right to Privacy
- Negating a Reasonable Expectation of Privacy
- Balancing Act
- The Electronic Privacy Communications Act (EPCA)
- Stored Communications Act
- Avoiding Legal Liability
- Social Media Considerations
- Disciplining Employees
- Effectively Communicate With Employees and Document Issues
- Discipline Employees Equally Across the Board
- Whistleblowing in the Workplace
- Defining Whistleblowing
- Implementing Policies and Procedures Regarding Whistleblowing
- Handling Whistleblowing Complaints
- Disciplining Whistleblowers
- Employer Liability
- Legal Compliance and Review of Key Federal Laws
- Title VII of the Civil Rights Act Of 1964
- Two Types of Discrimination
- EEOC
- No Retaliation
- Title VII for HR
- Age Discrimination in Employment Act
- Goal of ADEA
- Covered Employer
- Reasonable Factor Other than Age Defense
- Older Workers Benefit Protection Act
- Americans With Disabilities Act of 1990 and 2008 Amendments to the Americans With Disabilities Act
- ADA Requirements
- Qualified Individual With a Disability
- Definition of Disability
- Americans With Disabilities Act Amendments
- Family and Medical Leave Act
- State FMLA Laws
- FMLA Provisions
- Reasons for Which Employee Can Take FMLA Leave
- Serious Health Condition
- Reinstatement
- Pregnancy Discrimination Act
- Immigration Reform and Control Act and Citizen Discrimination
- Employment Non-Discrimination Act
- Uniformed Services Employment and Reemployment Rights Act
- Equal Pay Act
- Lilly Ledbetter Fair Pay Act
- Genetic Information Nondiscrimination Act
- Laws Regarding Affirmative Action on the Federal Level
- Future Developments
- Additional Resources
Author: Melissa Fleischer, HR Learning Center
Summary
- Diversity and inclusion are important goals for employers from both a public relations standpoint as well as a legal perspective. See Diversity and Inclusion.
- Employers should provide diversity training to supervisors and employees so that they understand the importance of diversity, the best practices for achieving diversity and best practices for communicating the goal of diversity in the workplace. See Diversity and Inclusion.
- Equal employment opportunity is the cornerstone of effective employee management. It is also essential for an employer in order to ensure compliance with laws regarding discrimination, harassment and retaliation against employees in protected classes. See Equal Employment Opportunity.
- Discrimination reaches across all employment decisions that management makes including hiring, promotions, discipline, leave of absences and termination. See Equal Employment Opportunity.
- Employers should make sure that all employment-related decisions are based on legitimate business-related reasons and are not discriminatory and based on unlawful factors. See Equal Employment Opportunity.
- Harassment in the workplace is one of the most important legal issues that employers need to be aware of in order to avoid legal liability. Harassment in the workplace includes sexual harassment as well as harassment based on all the protected classes under both state and federal law. See Sexual and Other Unlawful Harassment.
- Communicating with employees is essential for employers as it advises employees of the employer's expectations and creates a cooperative working relationship. See Communicating With Employees.
- An employee handbook and well-drafted employment policies, work rules and procedures are essential in communicating rights, obligations, goals and objectives to employees as well as protecting an employer in the face of future litigation. See Employee Handbooks, Work Rules and Policies.
- Employee handbooks should contain many important policies including an employment-at-will policy, policies regarding EEO, discrimination, harassment, Family and Medical Leave Act (FMLA) policy, Americans with Disabilities Act (ADA) reasonable accommodation policy, compensation polices as well as policies regarding employee benefits, leaves and time off. See Employee Handbooks, Work Rules and Policies.
- Training and development of both employees and supervisors is not only recommended, but it is a necessity for employers today. It is essential so that employees and supervisors not only understand basic skills needed for their jobs, but also understand how to avoid discrimination and harassment in the workplace, ensure a safe workplace, comply with the employment discrimination laws and leave of absence laws such as the FMLA and the ADA, as well as comply with the National Labor Relations Act (NLRA) and laws that cover unions in the workplace. See Training and Development.
- Employers should also institute supervisory training so that supervisors understand the best practices for disciplining and terminating employees as well as understand their obligations to ensure compliance with federal and state laws that affect the workplace. See Training and Development.
- Managing employee performance is important for employers and includes a critical understanding of how to prepare employee appraisals, evaluations, performance reviews and how to award promotions. See Managing Employee Performance.
- Performance reviews and appraisals should be written accurately to represent the employee's true performance level. Employee evaluations need to be able to be used as a tool by the employee to improve their performance as well as a basis for the employer to justify management decisions including promotions, discipline and terminations. See Performance Reviews and Appraisals.
- It is important for employers to maintain accurate records in the workplace in order to minimize liability and safeguard the rights of the employer and employees. See Recordkeeping.
- Privacy is a primary concern for employers in today's world of electronic communication and virtual workplaces. It is important for employers to balance the privacy rights of employees against the employer's right to monitor and maintain the workplace as well as employee conduct and activities during working hours. See Monitoring Employee Conduct and Employee Privacy in the Workplace.
- Employers should exercise caution when disciplining employees and make sure that employees are disciplined in a uniform manner. See Disciplining Employees.
- Employers should have an understanding of whistleblowing in the workplace and maintain policies to prevent retaliation against whistleblowers. See Whistleblowing in the Workplace.
- Legal compliance and understanding the applicable federal laws and regulations that govern an employer's workplace is essential for effective employee management and to minimize employer liability. See Employer Liability and Legal Compliance and Review of Key Federal Laws
- Employers should be aware of the key laws that affect the workplace. These include, but are not limited to, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the ADA, the FMLA, and the Equal Pay Act (EPA). See Legal Compliance and Review of Key Federal Laws.