Posted by: euser
January 28, 2008
Topic: Employment Manuals

Employment manuals are so important but working on them is a pain in the neck. Employers get busy and the last thing on their list is to work on the employment manual. Yet I have seen many problems that the employment manual caused when the case goes into litigation. The first thing the EEOC is going to do if someone brings a complaint against your company is ask for your employment manual. And if that happens I sure hope you have one. What the EEOC is looking for is that you have a discrimination policy and sexual harassment policy.

Why is the discrimination policy and sexual harassment policy so important?. Because it lets the employees know that discrimination and harassment are not tolerated and that if the employee has an issue with it, they must report it to their supervisor or human resources director. An example of a policy is as follows:

"Making Money Inc. (MM Inc.) is firmly committed to a work environment free from all forms of harassment and discrimination based upon the protected status of any employee or applicant for employment, by anyone, including supervisors, co-workers, clients/customers or visitors. Such behavior is neither permitted nor condoned.

This policy prohibits any verbal, physical or visual conduct that belittles or demeans an individual on the basis of their race, religion, national origin, sex, age or disability.

This policy specifically prohibits sexual harassment as well as all other forms of harassment. Sexual harassment includes any unwelcome sexual advances, request for sexual favors, or other verbal or physical conduct of a sexual nature when:

1. Submission to such conduct is an explicit or implicit condition of employment;

2. Employment decisions are based on an employee's submission to or rejection of such conduct;

3. Such conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.

Any employee who feels that he or she has been harassed sexually or discriminated against has a responsibility to report the incident as soon as possible to their supervisor. If an employee feels uncomfortable about approaching his or her immediate supervisor, the employee should contact any higher level manager or any officer of MM Inc., including Fred Flintstone at 713-666-6666. Employees that report harassment or discrimination are protected from retaliation.

All reports of harassment and discrimination will be investigated and handled. The reporting employee will be expected to cooperate throughout the investigation.

Intentional filing of false reports will not be tolerated."

Now for those of you who have something different in your manual or if you have found one on the web that is different, let me tell you why I have written this one the way I have.

First, the most important point is to let the employees know that you will not tolerate harassment and discrimination. Second, they have a responsibility to let you know if something is going on. Third, you tell them that it is their responsibility to tell you and that you will investigate.

WARNING: many policies like this have language that says that once it is reported, the company will investigate within 3 days or some even say immediately. Don't put this in the policy. Companies should investigate quickly but sometimes you don't for a variety of reasons. Don't violate your own policy. Just don't put in the policy how you will investigate.

A lot of policies have a provision that states what type of discipline will be given if there is a finding of harassment. You can put this in if you want to but it is not necessary. The main thing is to take some action. I often tell people the worst thing you can do with a claim of harassment is to "DO NOTHING". Repeat, the worst thing you can do is to "DO NOTHING". Doing nothing says you don't care. You do are---so investigate. I will do a blog soon on how to investigate. But to finish up my point on the employment manual, the other BIG WARNING is to not put stuff in the employment manual that does not apply to your business. Many businesses copy other employment manuals and they have as a consequence stuff that is not remotely relevant to their business. This stuff can hurt you. Juries do not like it when companies have stuff in their manuals that they do not follow. Don't make that mistake.

To Be Continued..........................

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