NMI 102 The Art of Human Resource Management … Guides for NMI/NMI...Timely, relevant knowledge and tools for today’s nonprofit professional. A Professional Development Entity of

Timely, relevant knowledge and tools for today’s nonprofit professional.

A Professional Development Entity of the

NMI 102 The Art of Human Resource Management Version 1.2

Mail Code 4120 ▪ 411 N. Central Ave ▪ Suite 500 ▪ Phoenix, AZ 85004-0691 ▪ 602-496-0500 ▪ Fax: 602-496-0952 http://nmi.asu.edu ▪ http://lodestar.asu.edu

Copyright © 2014 Arizona Board of Regents for and on behalf of the ASU Lodestar Center for Philanthropy and Nonprofit Innovation, College of Public Programs, Arizona State University.

Copying of Materials Expressly Prohibited.

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the express written permission of the ASU Lodestar Center, except for brief quotations in critical reviews. The authors may be reached at the ASU Lodestar Center, 411 N. Central Ave., Suite 500, Phoenix, AZ 85004-0691

TABLE OF CONTENTS

COURSE OVERVIEW __________________________________________________ 2

Description ___________________________________________________________ 2 Course Schedule ______________________________________________________ 2 Course Methods _______________________________________________________ 2 Course Road Map _____________________________________________________ 3 Learning Objectives ____________________________________________________ 5 Introducing Course Participants ___________________________________________ 6

THE ART OF HUMAN RESOURCES MANAGEMENT _________________________ 7

CORE AREAS OF HUMAN RESOURCES MANAGEMENT ____________________ 10

Core Area 1: Organization Policy Development ______________________________ 10 Core Area 2: Legal Compliance __________________________________________ 23 Core Area 3: Sourcing, Recruitment and Hiring ______________________________ 31 Core Area 4: Compensation and Benefits __________________________________ 48 Day 1 Wrap-Up ______________________________________________________ 55 Day 2: Welcome Back! _________________________________________________ 55 Core Area 5: Issue Resolution ___________________________________________ 56 Core Area 6: Performance Management ___________________________________ 61 Core Area 7: Employee Engagement and Development _______________________ 64

COURSE WRAP-UP __________________________________________________ 65

APPENDIX __________________________________________________________ 67

© NMI 102 – Human Resource Management | Participant Guide 1

Course Overview

Description This course will provide you a foundation for human resource management, including complying with federal and state employment laws and compensation systems. You will learn practical and lawful strategies to develop human resource policies and job descriptions, retention strategies, and appropriate staffing structures.

Course Schedule Friday: 9:00 a.m. – 5:00 p.m. Saturday: 9:00 a.m. – 5:00 p.m.

Course Methods Learning in this course will occur through your active participation in large and small group discussions. You’ll also complete brief, un-graded exercises based on instructor-generated presentations, articles, case studies, and other Internet or media resources. As adult learners, you bring a rich array of prior knowledge, skills, and experience to build on and share with each other. Facilitating the exchange of new and existing information is a key method NMI instructors use to expand your learning and enable you to immediately apply that learning to your nonprofit organization and your career.

2 NMI 102 – The Art of Human Resource Management |Participant Guide ©

Course Road Map

Module Learning Objectives/Outcomes

Friday Welcome and Introductions Introduce instructor and students

Syllabus and Learning Objectives The Art of Human Resource Management Describe the business value and art of human

resource management Explain the interrelatedness of 5 traditional

functional areas of a nonprofit organization: accounting, human resource management, volunteer management, resource development, operations

Define the “human” in Human Resource Management

Core Areas of Human Resource Management

Identify seven core areas of HR: organization policy development; legal compliance; sourcing, recruitment and hiring; compensation and benefits; issue resolution; performance management; employee engagement and development

Core Area 1: Organization Policy Development

Distinguish between an employee handbook and a management policy manual

Lunch Core Area 2: Legal Compliance: Federal and State Law

Identify key federal and state laws and regulations that apply to various-sized nonprofit organizations

Core Area 3: Sourcing, Recruitment and Hiring

Appropriately source, recruit, and hire a diverse, talented workforce.

Break Core Area 4: Compensation and Benefits Develop a Compensation Strategy in compliance

with the Fair Labor Standards Act Define and distinguish between exempt and non-

exempt Conclusions for Day 1 Synthesize learning

© NMI 102 – The Art Human Resource Management | Participant Guide 3

Module Learning Objectives/Outcomes

Saturday Core Area 5: Issue Resolution Explain common policies and procedures for

resolving issues and handling employee grievances Describe an Open Door Policy

Break Core Area 6: Performance Management Describe several strategies for supporting

employee talent to build their future Identify how to remove barriers

Lunch Core Area 6: Performance Management (continued)

See Above

Core Area 7: Employee Engagement and Development

Break Core Area 7: Employee Engagement and Development

Conclusions Synthesize Learning Wrap Up


Learning Objectives After taking this course, you will be able to do the following:

Describe several benefits and uses of a handbook to guide an organization’s policies and procedures

Apply the core areas of Human Resource Management

Identify key federal and state laws and regulations that apply to various-sized nonprofit organizations

Identify appropriate sourcing, recruiting, and hiring of a talented diverse workforce

Analyze a compensation strategy in compliance with the Fair Labor Standards Act

Explain common policies and procedures for resolving issues and handling employee grievances

Describe strategies for promoting/rewarding performance and for applying consequences for non-performance

My personal learning objectives:

A specific situation or issue that I am interested in working on is the following:


Introducing Course Participants Pair Share with a Partner…

Your name

Your title

Your organization

Your career path

What do you think of when you hear HR?

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What observations have you heard others make about HR?

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How is HR viewed differently, or not, in a nonprofit organization?

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"HR professionals have the most important jobs in the U.S. and should show their worth to their CEOs"

•Jack Welch, former Chief Executive Officer of General Electric at 2009 annual conference of the Society of Human Resource Management


The Art of Human Resources Management Brief History of HR

EXHIBIT 3

The Reactivity of HR in its Evolution

Decade Business Realities HR Name Changes

Issues

Pre–1900 Small Business & Guilds Did not yet even exist

Owners owned the HR issues

1900 Industrial Revolution Labor Relations People as interchangeable parts

1920 Civil Service & WWI Industrial Relations

Workers’ rights and more formalized processes

1940 Scientific Management & WWII Personnel Administration

Efficiency experts and more highly evolved HR processes

1960 Civil Rights & Compliance Personnel Legal compliance and reporting; “policy police”

1980 Human Relations, the Knowledge/Service Economy, and Mergers & Acquisitions

Human Resources People

Relevance in a fast-changing world; motivation and “human relations” theories abound

2000 Modern Organizations

Organization Effectiveness? Human Capital? Organizational Capability?

No new official names, but lots of “morphing” as the transactional parts get outsourced and the transformational parts get defined

2010 Global Economy and E-Enabled Technologies

TBD

Still Evolving, Focus on Talent; Capability; Culture; Consulting – Challenged to be an Effective Internal Consulting Organization

Richard M. Vosburgh, Mirage Resorts, MGM MIRAGE. The Evolution of HR: Developing HR as an Internal Consulting Organization. Accessed on 12/16/11 from http://www.hrps.org/resource/resmgr/p_s_article_preview/hrps_issue30.3_evolutionofhr.pdf.

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http://www.hrps.org/resource/resmgr/p_s_article_preview/hrps_issue30.3_evolutionofhr.pdf



Nonprofit Organization: Be more efficient/effective in an ever-changing, complex world

Traditional Functional Areas of a Nonprofit Organization Accounting/Finance

Operations/Program Development Marketing

Fundraising/Resource Development

Human Resources

Volunteer Management

What does human have to do with HR Observing and understanding human behaviors

Facilitating human interaction

Treating others humanely

Acknowledging human emotions

Appreciating human life experiences

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Tax-exempt status with the Internal Revenue Service

Increasingly vital component of the US economy

Span diverse fields such as civic advocacy, education, health services, arts, cultural and

human services

Staffed by nonprofit professionals who face the same

challenges of business leaders and professionals

Unique organizations created to provide a public

service, rather than generate profit


Anticipating human reactions

Understanding human achievement of the mission

What about the resources of HR Being resourceful and creative in recruitment and

retention strategies

Being resourceful and financially savvy in containing costs in employment practices, benefits and other initiatives

Using resources across functional lines to staff appropriately and support the mission

Being resourceful in collaborative efforts with organizations

Appreciating and reinforcing those “human resources”

Finding references and resources for self-development

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Core Areas of Human Resources Management

Activity: Consider each of the traditional functions in a nonprofit. Pair-share specific ways that you believe each of the functional areas and HR depend on each other to ensure effectiveness and efficiency in the operation of the nonprofit. ______________________________________________________________________________

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Core Area 1: Organization Policy Development

Where are Policies Located? Employee Handbook

Management Policy Manual

Review Sample Policy Statements

Organization Policy

Development

Legal Compliance

Sourcing, Recruitment and Hiring

Compensationand Benefits

Issue Resolution

Performance Management

Employee Engagement

and Development


Sample Policy Statements By Alice Conner, ASU Faculty Associate, HR Management Consultant

Policy: Attendance and Use of Sick Time Maintaining good attendance is a condition of employment and an essential function of your job. Customer service is directly impacted when employees are absent.

To minimize hardships that may result from illness or injury, the organization provides paid sick time benefits. However, excessive use of sick time (over 12 days per year) or a pattern of one or two day absences may be viewed as abuse of the system. It is your responsibility to use sick time only when you (or a minor child that needs your care) has a legitimate illness or injury.

Supervisors may use their discretion to require a doctor’s note when employees are absent for three or more consecutive days or have a pattern of one or two day absences. Serious illness requiring 3 or more consecutive days of may qualify under Family and Medical Leave of Absence (FMLA). Absences under FMLA must be certified by a health care provider with paperwork submitted to the affiliate. (See FMLA policy.)

Employees who need to take sick time must call the supervisor directly before the work shift begins to report the absence and the expected length of the absence. Failure to call the supervisor for 2 consecutive days of absence will be considered a voluntary resignation.

Policy: Cell Phone and Text Message Use

Employees are expected to exercise the same discretion in using personal cellular phones as is expected for the use of affiliate phones. Excessive personal calls during the work day, regardless of the phone used, can interfere with customer service, productivity and be distracting to others. Personal calls other than urgent situations should be limited to break or meal time. If the employee has a family situation which requires immediate contact, the cell phone should be placed on silent or vibrate mode to avoid noise distractions. The affiliate will not be liable for the loss of personal cellular phones brought into the workplace.

Policy: Drug Free Workplace

1. All employees will be notified as part of the orientation process that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace. Such actions shall result in the immediate suspension or dismissal of the employee and notification of law enforcement.

2. Employees will receive annual updates which include at least the following: o Information regarding the dangers of drug abuse in the workplace. o The agency policy of maintaining a drug free workplace. o Any available drug counseling, rehabilitation, and employee assistance programs available to

employees. o The penalties that may be imposed upon employees for drug abuse violations occurring in the


workplace.

3. As a condition of paid or unpaid employment every employee will: o Abide by the drug free policy as stated in paragraph A. o Notify the organization in writing of his or her conviction for a violation of a criminal drug statute

occurring in the workplace no later than five calendar days after such conviction.

4. Employees taking prescription or non-prescription medication are responsible for being aware of any potential effect such drugs may have on their reactions, judgment, or ability to perform their duties, and if impairment is possible, to report such use to their supervisor prior to reporting to work.

5. Each employee must sign an acknowledgment of the above policy to be maintained in his or her personnel file.

Policy: Drug Testing

While the organization has no intention of intruding into the private lives of its employees, the organization does expect employees to report for work in a condition free of impairment. Drug tests may be required as a condition of employment in the following situations:

Post Incident: Paid or unpaid employees involved in a serious incident or accident while on duty, whether on or off the organization’s premises, may be asked to provide urinalysis or a breath analysis sample at the CEO’s discretion.

Fitness For Duty: This test may be required if observable changes in employees performance, appearance, behavior, speech, etc., provide reasonable suspicion of some type of impairment and/or the influence of alcohol or other drugs. A fitness for duty evaluation may include the testing of a body substance sample.

The organization may test for the following substances and for any other substance as may be required by state law, federal law, regulations or contractual agreement:

o Alcohol o Hallucinogens Propoxyphene (Darvon) o Amphetamines o Marijuana (cannabinoid metabolites) o Barbiturates o Methadone o Benzodiazepines o Opiate derivatives (heroin, morphine, codeine) o Cocaine Metabolites o Phencyclidine (PCP)

The organization reserves the right to conduct a periodic review of the foregoing list and to add additional drugs to the list, with or without notice.

Refusal by an employee to submit to a search or testing procedure may, however, constitute grounds for appropriate disciplinary action up to and including termination.


Policy: Employment of Relatives

It is the policy of the organization to consider members of an employee's immediate family for employment on the basis of their qualifications. However, immediate family may not be hired, promoted or transferred, if employment would:

o Create a direct or indirect supervisory relationship with a family member; or, o Have the potential for creating an adverse impact on work performance; or, o Create either an actual conflict of interest or the appearance of a conflict of interest

If two employees with a direct or indirect reporting relationship marry or become involved in a close personal relationship, one employee must initiate a discussion with Human Resources (or the President/CEO). The options for both employees to consider are:

o transferring into another position o being assigned to another supervisor o one employee resigns

If the employees cannot make a decision about which one will resign, the President/CEO will decide who will remain employed. A reasonable time frame up to 90 days will be used to allow one of the above changes to be made.

For the purposes of this policy, family members include spouse or domestic partner, siblings, children or step-children, in-laws, aunt, uncle or cousins.

Management will monitor compliance with this policy to ensure that family or personal relationships are not causing real or perceived acts of favoritism, discrimination or conflicts of interest.

Policy: Social Media Whether or not an employee chooses to create or participate in a blog, wiki, online social network or any other form of online publishing or discussion is his or her own decision. However, our organization recognizes that emerging online collaboration platforms are fundamentally changing the way individuals and organizations communicate, and this policy is designed to offer practical guidance for responsible, constructive communications via social media channels for employees. The same principles and guidelines that apply to the activities of employees in general, as found in the Professional Conduct Policy, apply to employee activities in social media channels and any other form of online publishing. Our organization fully respects the legal rights of our employees in all countries in which we operate, including their rights under the National Labor Relations Board to engage in concerted and protected activities, and any part of this policy which interferes with or "chills" the legal rights of our employees will not be enforced. In general, what you do on your own time is your affair. However, activities in or outside of work that affect your job performance, the performance of others, or our organization's business interests are a proper focus for company policy. This social media policy was developed using a social media policy template by Eric Schwartzman, a digital


strategist specializing in online marketing, online communications and social media governance. Follow him @ericschwartzman

Policy: Gossiping Communication with one another is a daily process that is essential for getting our work done and achieving our mission. The expectation is that all employees will speak with everyone in the workplace respectfully and with a positive regard for the other person.

Gossiping is destructive, demeaning communication about another person that does not fit the respectful culture that we want to create within our organization. Gossiping will not be tolerated and is subject to disciplinary action.

Policy: Grievance (or Problem Resolution) Procedure

1. It is the organization’s purpose to provide an effective way for employees to bring problems concerning their well-being at work to the attention of the organization’s management. Therefore, an internal grievance procedure has been established for the benefit and use of all employees.

2. When an employee believes a work condition or treatment is unethical or unjust, or a hindrance to effective operation, he/she is encouraged to discuss the condition or treatment with management.

3. Misunderstandings or conflicts can arise in any organization and should be resolved before serious problems develop. Most incidents between individuals can be resolved through direct communication with one another without initiating a formal grievance (or problem resolution) procedure. However, if a situation persists which the employee believes is detrimental to himself/herself or the agency, the employee should follow the procedure described here for bringing the issue to management's attention.

a. Discussion of the problem with the immediate supervisor is encouraged as a first step. If the employee does not believe a discussion with the supervisor is appropriate, he should proceed directly to Step b.

b. If the problem is not resolved after discussion with the supervisor, or if the employee thinks a discussion with the supervisor is inappropriate, he/she is then encouraged to request a meeting with the department head. The department head may consult with human resources to conduct an investigation of the situation presented by the employee, including an interview with the supervisor. The employee will normally receive a response regarding the problem within five working days of meeting with the Department Head.

c. If the employee is not satisfied with the decision and wishes to pursue the matter further, he/she may prepare a written summary of the concerns and request that the matter be reviewed by the President/CEO. (In organizations with Human Resource Managers, this request should be made through the Human Resources Manager, who will notify the President/CEO.) The President/CEO, after a full review of the written summary, and further investigation, including interviews with the people involved will inform the employee of his/her decision, usually within 10 working days. The decision of the President/CEO will be final.

d. In the event that the President/CEO is the subject of the initial grievance, the employee should


contact the Board Chair and request an interview with the Board Chair. The Board Chair will only review grievances in which the President/CEO is the initial source of the complaint. Otherwise, the final decision for all other grievances is made by the President/CEO without Board involvement.

e. When a complaint is filed based on the description in d. above, the Board Chair will review the written summary of the concerns, conduct a further investigation, including an interview of all people involved and inform the employee and the President/CEO of the decision to resolve the issue.

f. There will be no retaliation against employees who bring forward valid issues to be resolved. However, employees who falsify statements or documentation will be subject to disciplinary action. The integrity of the internal grievance process is dependent on the integrity of all participants in bringing issues to resolution.

Policy: Paid Time Off Policy

A. Eligibility Paid Time Off (PTO) is an all-purpose time-off policy for eligible employees to use for vacation,

illness or injury, medical and dental appointments or other personal business. It combines traditional leave plans into one flexible, paid time-off policy. Employees in the following employment classification(s) are eligible to earn and use PTO as described in this policy:

o Full-time employees working 40 hours per week o Regular part-time employees, working at least 30 hours per week. PTO will be prorated based

on number of hours worked.

Once employees become eligible for PTO, they earn PTO according to the schedule below. However, PTO cannot be scheduled prior to the completion of the first six months of employment. After that time, employees can request use of earned PTO including hours accrued during the first six months of employment.

The amount of PTO employees receive each year increases with the length of their employment as shown on the tables below.

Paid Time Off (PTO) Earning Schedule

1. Hourly employees

Years of Eligible Service PTO days accrued annually

PTO hours accrued

bi-weekly

PTO hours accrued annually

• From date of hire 18 days 5.19 hours 135 hours


• After 4 years 23 days 6.63 hours 172.5 hours

• After 10 years 28 days 8.08 hours 210 hours

2. Salaried employees

Years of Eligible Service PTO days accrued annually

PTO hours accrued bi-weekly

PTO hours accrued annually

• From date of hire 23 days 6.63 hours 172.5 hours

• After 4 years 28 days 8.08 hours 210 hours

The following table illustrates the conversion from a non-profit organization’s current vacation, personal and sick to a PTO plan:

Current accruals per year Proposed PTO accruals

per year Salaried employees:

Upon eligibility = 15 Vacation days

After 4 years = 20 Vacation days

Salaried employees:

Upon eligibility: 23 PTO days

After 4 years: 28 PTO days Hourly employees:

• Upon eligibility = 10 vacation days • After 4 years = 15 vacation days • After 10 years = 20 vacation days

Without regard to length of service:

All employees currently accrue 3 personal days

All employees accrue 12 sick days

Hourly employees:

• Upon eligibility = 18 PTO days • After 4 years = 23 PTO days • After 10 years = 28 PTO days

All sick time and personal days are wrapped into the PTO calculations shown above. Sick time and personal days under a PTO plan are not labeled as sick or personal time.


Conversion is based on using 100% of vacation days, 67% of personal days/birthday and 50% of sick days. The rationale for the 50% sick days to PTO days is that very few employees use the full number of sick days made available in one calendar year. Long-service employees will have the benefit of establishing an extended illness bank with previously accrued and unused sick days.

Employees can build their extended illness bank to a maximum of 480 hours by ending the year with a balance of PTO to cover future extended illness.

Transition from vacation, personal and sick leave to PTO: You will want to give advanced notice so that employees can chose to use all vacation and personal days prior to the change to PTO. If you have carried over vacation days on the books now, allow a 12 month period to use all previously accrued vacation days or offer a cash-out option of 50-75%. This will eliminate an accrued liability and will allow everyone to start afresh with the new PTO program.

The length of eligible service is calculated on the basis of a "benefit year." This is the 12-month period that begins when the employee starts to earn PTO. In the case of a full-time employee, the benefit year begins on the date of hire. Employees who increase their hours to a regular work schedule of 30 hours or more, become eligible for benefits on the first day of the month following the increase in their regular work schedule.

C. Unscheduled Paid Time Off (PTO)

Unexpected absences related to the employee or a dependent’s illnesses are considered unscheduled PTO. Employees should notify their direct supervisor before the scheduled start of their workday. The direct supervisor must also be contacted on each additional day of absence. Other than emergency situations, employees must speak to the direct supervisor rather than leaving a message or asking a family member to call.

Employees who are absent for 3 or more consecutive days or have a pattern of absences of concern to the supervisor, may be asked to provide a physician’s statement to confirm the medical necessity of the absence and to provide a release to return to work.

If a work release is requested, the employee will continue on PTO until the work release is provided to the supervisor.

D. Scheduled Paid Time Off (PTO)

To schedule PTO of 5 or more days, employees should request approval 4 weeks in advance. PTO requests for less than 5 days should be made one week in advance. Supervisors will review requests and approve paid time off based on staffing needs. Written approval should be obtained from the supervisor before confirming travel plans.

PTO is paid at the employee's base pay rate at the time of absence. It does not include overtime. PTO pay may be advanced if time off has been requested and approved and the payday falls on one of the days off.


E. Extended Illness Bank

If available PTO is not used by the end of the benefit year, accrued and unused PTO will be “banked” for use in the event of a serious illness. A maximum of 480 hours may be “banked.” 480 hours will provide a full-time employee with income protection for a full 12 weeks of Family or Medical Leave of Absence.

Banked hours may be used for an absence of 3 consecutive days or longer or in the event that the employee has a need for intermittent Family or Medical Leave of Absence (FMLA).

Upon termination of employment, remaining “banked” days have no cash value.

EDITOR’S NOTE: The extended illness bank also addresses a transitional issue moving from traditional vacation and sick time to PTO. Employees who currently have accrued sick time on the books would not lose that sick time. It would simply be recorded as hours in the Extended Illness Bank.

F. Effect on Other Leave Policies

1. FAMILY LEAVE: Banked “Extended Illness” hours will be used first in the event of Family Leave for the birth, adoption or foster care placement of a child. When “banked” hours are exhausted, PTO hours may be used. Disability insurance may be used if appropriate, as defined in the agency’s health plan.

2. EXTENDED ILLNESS: Banked “Extended Illness” hours will be used in the event that the employee has a serious illness requiring 3 consecutive days of illness or who has an immediate family member with a serious illness requiring the employee to be absent for 3 or more consecutive days. When “banked” hours are exhausted, PTO hours may be used.

3. FUNERAL LEAVE: Funeral or Bereavement leave of up to 3 days for a death in one's immediate family as defined in the Funeral leave policy is in addition to PTO. PTO may be used for bereavement for those outside of the employee's immediate family or in the event that an employee needs more time than 3 days.

4. EDUCATIONAL LEAVE: PTO may be used to pursue educational coursework.

5. MILITARY LEAVE: PTO may be used for all required military training under the law. Employees may also opt to take unpaid time for military training.

6. JURY DUTY: Regular pay remains in effect during jury duty and does not affect PTO.

7. WORKERS’ COMPENSATION: In the event of a workplace injury that results in extended absence, an employee must apply for available compensation and benefits through the workers’ compensation carrier. PTO will be used to supplement any payments that an employee is eligible to receive from workers' compensation. The combination of workers’ compensation and PTO cannot exceed 100% of the employee's normal weekly earnings.

8. LEAVE OF ABSENCE WITHOUT PAY. A leave of absence without pay may be given with the approval of the supervisor and the Executive Director. In all cases the needs of the agency will be a determining factor.


G. Paid Time Off Upon Termination of Employment

PTO cannot be taken during the notice period, nor calculated as part of the notice period.

All remaining PTO accrued through the date of termination will be paid out at a rate of 75% with the final paycheck. No pay out is made for remaining hours in the extended illness bank.

If an employee terminates with a negative balance in PTO, that amount is deducted in full from the final paycheck.

EDITOR’S NOTE: The rationale for the 75% rather than 100% pay-out is based on the fact that sick and personal leave have not had a cash value upon termination. Essentially, the 75% pay-out approximates the cash value of the “vacation” portion of the PTO balance. (Arizona allows for pay-out of PTO at less than 100%, while other states require a full 100% of PTO pay out upon termination.)

Policy: Smoking

Our organization is a smoke-free environment. Smoking is prohibited on the work premises and while on duty, including transporting youth by car. This policy applies to all employees, volunteers, clients and visitors.

Policy: Weapons

This organization prohibits all persons who enter the organization’s property from carrying a handgun, firearm, or prohibited weapon of any kind onto the property or while on duty.

This policy applies to all employees, visitors, clients, volunteers and contractors on the organization’s property regardless of whether or not they are licensed to carry a concealed weapon. The only exceptions to this policy will be police officers or security guards.

Legal, chemical dispensing devices such as pepper sprays that are sold commercially for personal protection are not prohibited by this policy. The organization’s property includes walkways, driveways and parking lots under the organization’s ownership or control. The organization’s vehicles are covered by this policy at all times regardless of whether they are on the organization’s property at the time.

Violations: Failure to abide by all terms and conditions of the policies described above may result in discipline up to and including termination. Further, carrying a weapon onto the organization’s property in violation of this policy will be considered an act of criminal trespass and will be grounds for immediate removal from the property, and may result in prosecution.

If you become aware of anyone violating this policy, please report it to Human Resources.

Policy: Work Schedules

Work schedules for employees vary throughout our organization. Supervisors will advise employees of their individual work schedules. Staffing needs and operational demands may necessitate variations in starting and


ending times, as well as variations in the total hours that may be scheduled each day and week.

Non-exempt employees: The Fair Labor Standards Act (FLSA) is federal law mandating that all non-exempt employees be paid at time and a half for all hours worked within a consecutive 7 day work week. Supervisors may adjust the work schedule during the 7 day work week to maintain the work schedule at 40 hours or less, to avoid the additional cost of overtime pay.

Exempt employees: Employees in exempt, salaried positions may need to work additional hours in the evening or week-end due to job demands. In the event of considerable extra time or a pattern of additional hours, the exempt employee should discuss a reasonable adjustment of the work schedule with the supervisor. Adjustments are intended to allow the employee reasonable balance between work and life responsibilities and are not necessarily made for each hour worked beyond the regular schedule.

Flexible scheduling or flextime is available in some cases to allow employees to vary their starting and ending times each day within established limits. Flextime may be possible if a mutually workable schedule can be negotiated with the supervisor involved. The employee's performance and the nature of the job including the core business hours of 10 A.M. to 3 P.M. will be considered before flextime is approved. Employees should consult their supervisor to request participation in the flextime program.

Speculate

o What are the potential challenges if an organization doesn’t have a handbook?

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o What could you do to ensure a compliant handbook is in place, if your organization doesn’t have one?

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Write a Policy Activity: Draft a 250 word telecommuting policy. Assignment Instructions: Using the 6 guidelines listed below; draft a 250-word telecommuting policy for a nonprofit organization.

Identify several positions within your nonprofit organizations that might be a good fit for telecommuting. In general, hourly non-exempt employees should not telecommute.

Explain the individual employee requirements for telecommuting. That is, describe the position, length of service, past performance, technical competence, and demonstrated ability to be self-directed and disciplined.

Write an expectation that the telecommuter’s work schedule from home will coincide with the normal in-office work schedule.

Define the supervisory expectations for monitoring work, reporting frequency and providing feedback, and physical presence at the employer’s location.

Describe who is responsible for the costs of telecommuting, including hardware, software, phone lines, technical assistance, and maintaining all related equipment.

Determine the method by which telecommuters will be included in the work group. This is more of an issue for telecommuters who are working from home every day or more frequently than just once a week.

Write your nonprofit organization’s telecommuting policy here:

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What did you learn?

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What was challenging about writing a policy?

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What are the benefits or drawbacks of establishing written policies?

Compliant with state and federal law

Want a framework for establishing reasonable boundaries but allows for judgment and flexibility

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Your Organization’s Handbook Overnight, find out if your organization has a handbook.

What type?

How was it developed?

What did you learn from browsing it?

Or locate a different organization’s handbook/example policies.

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Core Area 2: Legal Compliance Employment Related Laws Questions on first page correlate to answers on first page

Matching Exercise ___This law regulates time off of work for birth and care of an infant,

adoption, serious health-related conditions for an employee, or their spouse, child, or parent. It also regulates qualifying situations related to military duty

A. Fair Labor Standards Act

___This federal law regulates minimum wage, overtime, exempt and non-exempt classifications, and child labor related issues

B. Pregnancy Discrimination Act

___Reasonable accommodation, such as telephone equipment designed to support the hearing impaired, is addressed under this federal law

C. Civil Rights Act of 1964

___This federal law protects employees and job candidates from discrimination based on race, color, religion, sex, or national origin

D. Family and Medical Leave Act

___This law is an amendment to Title VII of the Civil Rights Act and governs workplace issues in regards to pregnancy, childbirth, and related conditions, prohibiting discrimination against pregnant employees and job applicants in any employment decisions

E. Equal Pay Act

___A female employee is concerned because she learns a male co-worker in a similar job function earns considerably more than she does, even though she has more experience. What law addresses concerns of this nature?

F. Americans with Disabilities Act


___Approval, renewal and revoking of registration for, among others, non-profit medical marijuana dispensaries and designated caregivers, is addressed in this legislation

A. Equal Employment Opportunity Commission

___The Immigration and Nationality Act (INA) has provisions related to employment eligibility. To meet the requirements of this law, employers nationally have new hires fill out paperwork, commonly known as….

B. Department of Labor

___This entity was established in 1965 to enforce federal employment-related legislation. Throughout its history, its simply stated mission has been to eliminate illegal discrimination from the workplace

C. Civil Rights Act of 1964 – national origin

___A 30 year old employee is given a promotion over a 42 year old employee. The 42 year old wants to file a complaint of discrimination. Which federal law would you consider when addressing the employee’s complaint?

D. E-Verify

___Over 180 federal laws are administered and enforced by this entity

E. I-9 Form, Employment Eligibility Verification

___This mandatory Arizona law requires all AZ employers to use a Federal data base to establish employment eligibility

F. Constructive Discharge

___This Arizona law became effective in July 1996, and codifies the common law employment-at-will doctrine. It confirms that either the employer or the employee may terminate the employment relationship with or without prior notice or cause.

G. Arizona’s Medical Marijuana Act

___An applicant with a distinctive accent was asked in an interview where they were born. The applicant was not hired and has decided to file a complaint of discrimination. What law are they likely to file under?

H. Age Discrimination In Employment Act

___An employee quits a job because he or she finds the working conditions to be unbearable. Under what Arizona statute can an employee potentially seek legal action?

I. The Employment Protection Act

Notes:

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Employment Related Laws from US Government Websites

Employment Laws Purpose Laws administered by the Department of Labor

The Department of Labor (DOL) administers and enforces over 180 federal laws.

These laws, and the regulations that support their implementation, cover many workplace activities for about 10 million employers and 125 million workers.

More information: http://www.dol.gov/opa/aboutdol/lawsprog.htm

Civil Rights Act of 1964 (Title VII)

Title VII prohibits employment discrimination based on race, color, religion, sex and national origin.

The law and statues have been amended. Examples of amendments include The Civil Rights Act of 1991, the Lily Ledbetter

Fair Pay Act of 2009, and the Pregnancy Discrimination Act Title VII is enforced by the EEOC. More Information: http://www.eeoc.gov/,

http://www.eeoc.gov/laws/statutes/titlevii.cfm Age Discrimination in Employment Act

Age discrimination addresses treating an applicant or employee less favorably because of their age.

The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination.

ADEA is enforced by the EEOC More Information: http://www.eeoc.gov/,

http://www.eeoc.gov/laws/statutes/adea.cfm Americans with Disabilities Amendments Act (ADAA)

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

ADA is enforced by the EEOC More Information: http://www.eeoc.gov/,

http://www.eeoc.gov/laws/statutes/ada.cfm Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act is administered by the Wage and Hour Division and requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or for the serious illness of the employee or a spouse, child or parent.

More Information: http://www.dol.gov/whd/fmla/index.htm, http://www.dol.gov/whd/regs/compliance/posters/fmla.htm


http://www.dol.gov/opa/aboutdol/lawsprog.htm

http://www.eeoc.gov/

http://www.eeoc.gov/laws/statutes/titlevii.cfm


http://www.eeoc.gov/laws/statutes/adea.cfm


http://www.eeoc.gov/laws/statutes/ada.cfm

http://www.dol.gov/whd/fmla/index.htm

http://www.dol.gov/whd/regs/compliance/posters/fmla.htm

Pregnancy Discrimination Act

The Pregnancy Discrimination Act addresses discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII, which covers employers with 15 or more employees, including state and local governments.

The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964 and is enforced by the EEOC.

More Information: http://www.eeoc.gov/, http://www.eeoc.gov/laws/types/pregnancy.cfm

Equal Pay Act The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal.

More Information: http://www.eeoc.gov/, http://www.eeoc.gov/laws/types/equalcompensation.cfm, http://www.eeoc.gov/laws/statutes/epa.cfm

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act prescribes standards for wages and overtime pay, which affect most private and public employment. The act is administered by the Wage and Hour Division.

More Information: http://www.dol.gov/whd/flsa/index.htm Medical Marijuana Act (Arizona)

The Medical Marijuana Act is administered by the Arizona Department of Health Services. ADHS has been called upon to create a system to govern the medical use of marijuana.

This system includes a method for approving, renewing, and revoking the registration of qualifying patients, designated caregivers, non-profit medical marijuana dispensaries, and non-profit medical marijuana dispensary agents.

More Information: http://www.azdhs.gov/prop203/, http://www.azdhs.gov/medicalmarijuana/faqs/index.htm

Employment Eligibility Verification (I-9)

The Wage and Hour Division also enforces the labor Standards provisions of the Immigration and Nationality Act (INA) that apply to aliens authorized to work in the U.S. under certain nonimmigrant visa programs (H-1B, H-1B1, H-1C, H2A).

More Information: http://www.uscis.gov/portal/site/uscis, Form I-9, Employment Eligibility Verification

E-Verify Mandatory in Arizona as of January 2008. Every AZ employer is required to use E-Verify. The E-Verify program is a Federal database. Identify your company’s authorized agent Ensure no discrimination Keep good records Use only with new hires, not to verify or re-verify current employees. More Information:

http://www.dhs.gov/xabout/structure/gc_1215715302905.shtm, https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES





http://www.eeoc.gov/laws/types/pregnancy.cfm


http://www.eeoc.gov/laws/types/equalcompensation.cfm

http://www.eeoc.gov/laws/statutes/epa.cfm

http://www.dol.gov/whd/

http://www.dol.gov/whd/flsa/index.htm

http://www.azdhs.gov/prop203/

http://www.azdhs.gov/medicalmarijuana/faqs/index.htm

http://www.uscis.gov/portal/site/uscis

http://www.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&exitTitle=Form%20I-9,%20Employment%20Eligibility%20Verification&fedpage=yes

http://www.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&exitTitle=Form%20I-9,%20Employment%20Eligibility%20Verification&fedpage=yes

http://www.dhs.gov/xabout/structure/gc_1215715302905.shtm

https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES

The Employment Protection Act

Arizona’s Employment Protection Act, A.R.S 12-541, 23-2501, 41-1461, codifies the common law employment at will doctrine. Several court decisions have recognized exceptions to employment at will doctrine.

More Information: Employment Protection Act, http://www.azleg.gov/ArizonaRevisedStatutes.asp and Search: employment relationships ARS 23-1501

Constructive Discharge

Constructive Discharge (A.R.S. 23-1502) refers to workplace situations in which a manager, supervisor, or employer makes working conditions so unbearable or abusive that a reasonable person believes that resignation is the only appropriate action for them to take.

More Information: Constructive Discharge, http://www.azleg.gov/ArizonaRevisedStatutes.asp and Search: constructive discharge ARS 23-1502

Sexual Harassment The U.S. ruled in 1998 that federal law protects employees from being sexually harassed in the workplace by people of the same sex. In 1998, a second ruling redefined employers’ liability for sexual harassment by supervisors and set standards for sexual harassment policy.

More Information: http://www.eeoc.gov/laws/types/sexual_harassment.cfm, http://www.access.gpo.gov/nara/cfr/waisidx_09/29cfr1604_09.html, http://edocket.access.gpo.gov/cfr_2009/julqtr/pdf/29cfr1604.11.pdf

Example Employment Related Laws

Civil Rights Act and as amended

Age Discrimination in Employment Act

Americans with Disabilities Amendments Act

Immigration Reform and Control Act

Fair Labor Standards Act


http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/23/01501.htm&Title=23&DocType=ARS

http://www.azleg.gov/ArizonaRevisedStatutes.asp

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/23/01502.htm&Title=23&DocType=ARS

http://www.azleg.gov/ArizonaRevisedStatutes.asp

http://www.eeoc.gov/laws/types/sexual_harassment.cfm

http://www.access.gpo.gov/nara/cfr/waisidx_09/29cfr1604_09.html

http://edocket.access.gpo.gov/cfr_2009/julqtr/pdf/29cfr1604.11.pdf

Employment Practices in Arizona Self-Test

Instructions: Take this 10-question true/false self-test to discover what you presently understand about employment practices in Arizona.

Question 1

Most non-profit organizations are “employers at will.”

True

False

Question 2

Breaks are clearly defined under Arizona state law.

True

False

Question 3

Discriminating against an applicant based on sexual orientation is unlawful in Arizona.

True

False

Question 4

Providing factual, performance-based, in “good-faith” references for current or former employees is protected from civil liability lawsuits.

True

False

Question 5

Arizona covers all employees on short term disability insurance.

True

False


Question 6

Arizona treats overtime calculations differently than the federal Fair Labor Standards Act.

True

False

Question 7

Arizona is a “right to work” state.

True

False

Question 8

Mandatory overtime is allowable under Arizona law.

True

False

Question 9

Arizona requires that an involuntarily terminated employee must receive his or her final paycheck within 3 working days or by date of next pay date, whichever is sooner.

True

False

Question 10

Telling an employee, “you just don’t fit in here,” may be perceived as discriminatory.

True

False

Notes:

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Ensure Legal Compliance

5 Preventative Measures: Determine those employment laws (both federal and state) that affect your organization by virtue of its size, geographic location, and industry.

Clearly define your organization’s employment policies and communicate to applicants and employees. Employers do have the option of having more “liberal” or less restrictive employment laws than required by state or federal statute.

Train all supervisors, since they are organization representatives in all of their actions. The most effective tool is clear and concise documentation of all employment-related actions.

Prepare all relevant documents and forms that are needed to administer all employment policies.

Treat all employees and applicants with the highest regard for their unique abilities and in compliance with all applicable laws.

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Core Area 3: Sourcing, Recruitment and Hiring Identifying Qualified Candidates What are manager’s expectations when hiring?

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What are potential employee’s expectations?

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Expectations to Meet Comply with applicable employment laws and establish policies, procedures, and guidelines while

meeting business needs

Provide high-quality, best-in-class candidates

Contain overall cost without jeopardizing quality

Treat all applicants with dignity and respect

• Follow up meetings with candidates at the end of the process provides continuous improvement feedback


Pre-Employment or Inquiry Comments Self-Test Instructions: Take this 46-question self-test to determine what you already understand (or need to understand better) about the kinds of questions and comments you may or may not ask employees during the hiring process.

Question 1

NAME: Is it appropriate to ask, What was your maiden name?

Yes

No

Question 2

NAME: Is it appropriate to ask, What kind of name is Seyni?

Yes

No

Question 3

NAME: Is it appropriate to ask, Did you work or attend school under another name?

Yes

No

Question 4

RESIDENCE: Is it appropriate to ask, Do you own or rent your home?

Yes

No

Question 5

RESIDENCE: Is it appropriate to ask, What is your address?

Yes

No

Question 6

RESIDENCE: Is it appropriate to ask, Who do you live with?

Yes

No


Question 7

NATIONAL ORIGIN: Is it appropriate to ask, At the time of employment, can you verify your legal right to work in the United States?

Yes

No

Question 8

NATIONAL ORIGIN: Is it appropriate to ask, Where were you born?

Yes

No

Question 9

NATIONAL ORIGIN: Is it appropriate to ask, Are you a naturalized or native-born citizen?

Yes

No

Question 10

NATIONAL ORIGIN: Is it appropriate to ask, Show me your green card.

Yes

No

Question 11

GENDER, MARITAL STATUS, FAMILY, SEXUAL ORIENTATION: Is it appropriate to ask, Do you plan to have children?

Yes

No

Question 12

GENDER, MARITAL STATUS, FAMILY, SEXUAL ORIENTATION: Is it appropriate to ask, Are you married or single?

Yes

No


Question 13

GENDER, MARITAL STATUS, FAMILY, SEXUAL ORIENTATION: Is it appropriate to ask, How will your wife feel about you working for a female boss?

Yes

No

Question 14

GENDER, MARITAL STATUS, FAMILY, SEXUAL ORIENTATION: Is it appropriate to ask to a male applicant, “What’s up with the earring?”

Yes

No

Question 15

RELIGION: Is it appropriate to ask, What are your religious holidays?

Yes

No

Question 16

RELIGION: Is it appropriate to ask, This job requires every-day staffing. Can you work on week-ends?

Yes

No

Question 17

RELIGION: Is it appropriate to ask, What exactly is a Bat Mitzvah?

Yes

No

Question 18

RELIGION: Is it appropriate to ask, You look familiar. Do you go to St. Tim’s?

Yes

No

Question 19


ARREST, CRIMINAL RECORD: Is it appropriate to ask, Have you ever been convicted of a felony?

Yes

No

Question 20

ARREST, CRIMINAL RECORD: Is it appropriate to ask, Have you ever been arrested?

Yes

No

Question 21

DISABILITIES: Is it appropriate to ask, Do you have any learning disabilities?

Yes

No

Question 22

DISABILITIES: Is it appropriate to ask, Are you HIV positive?

Yes

No

Question 23

DISABILITIES: Is it appropriate to ask, Do you use illegal drugs?

Yes

No

Question 24

DISABILITIES: Is it appropriate to ask, How good is your health?

Yes

No

Question 25

DISABILITIES: Is it appropriate to ask, Do you have any mental health issues in your family?


Yes

No

Question 26

DISABILITIES: Is it appropriate to ask, We have a policy against hiring smokers at our non-profit organization. Do you smoke?

Yes

No

Question 27

DISABILITIES: Is it appropriate to ask, Have you ever been treated for cancer?

Yes

No

Question 28

DISABILITIES: Is it appropriate to ask, Do you have a current driver's license?

Yes

No

Question 29

MILITARY ORGANIZATIONS: Is it appropriate to ask, What types of skills did you learn in the Navy?

Yes

No

Question 30

MILITARY ORGANIZATIONS: Is it appropriate to ask, Do you belong to any work-related clubs, organizations or professional associations?

Yes

No

Question 31

NOTIFY IN CASE OF EMERGENCY: Is it appropriate to ask, What is the name and address of a relative to be notified in case of an emergency?

Yes


No

Question 32

LANGUAGE: Is it appropriate to ask, Can you speak Spanish?

Yes

No

Question 33

LANGUAGE: Is it appropriate to ask, How did you learn Spanish?

Yes

No

Question 34

LANGUAGE: Is it appropriate to ask, What languages can you speak fluently?

Yes

No

Question 35

EDUCATION: Is it appropriate to ask, What subjects did you like in high school?

Yes

No

Question 36

EDUCATION: Is it appropriate to ask, Did you attend a private or public school?

Yes

No

Question 37

RACE or COLOR: Is it appropriate to ask, What is your race? We need to know for our EEO stats.

Yes

No

Question 38


RACE or COLOR: Is it appropriate to ask, Are you a minority?

Yes

No

Question 39

CHILDREN: Is it appropriate to ask, Do you have children?

Yes

No

Question 40

CHILDREN: Is it appropriate to ask, How old are your children?

Yes

No

Question 41

PHOTOGRAPH: Is it appropriate to ask, Please attach a photograph to the application.

Yes

No

Question 42

PHOTOGRAPH: A photograph may be requested after employment.

Yes

No

Question 43

AGE: Is it appropriate to ask, How old are you?

Yes

No

Question 44

AGE: Is it appropriate to say, You seem to be in good condition for a 54-year-old.

Yes


No

Question 45

MISCELLANEOUS: Is it appropriate to ask, Can you lift 50 lbs.?

Yes

No

Question 46

MISCELLANEOUS: Is it appropriate to ask, Who referred you to us?

Yes

No

Notes:

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______________________________________________________________________________ http://www.dol.gov/whd/resources/evaluations.htm

Interview Guidelines - Acceptable and Unacceptable Questions Interviewing and evaluating applicants fairly is one of the most important and critical stages of the recruitment process. All search committee members should know what information may legitimately be sought during the interview. Some lines of inquiry may themselves be viewed as discriminatory; others have the potential to elicit information that is improper to use in making a decision. Examples of these areas of concern follow this introduction.

It is critical to conduct lawful employment interviews that meet Equal Employment Opportunity Commission (EEOC) standards. The guiding principle behind any question to an applicant is, can the


http://www.dol.gov/whd/resources/evaluations.htm

employer demonstrate a job-related necessity for asking the question? It is the intent behind the question that is important, as well as how the information is used that the EEOC would examine to determine if any discrimination has occurred.

Because your actions can expose you and the University to legal liability during the interview process, it is crucial to understand the types of questions that can and cannot legitimately be asked. The litmus test for an employer is to ask this question: What do I really need to know about this applicant to decide whether s/he is qualified to perform this job?

In asking applicant questions, the interviewer should ask himself/herself if this information is really needed in order to judge the applicant's qualifications, level of skills and overall competence for the job in question. It is unacceptable to ask questions about a qualification or criteria that will not affect the way a job is performed.

Race and Ethnicity Applicants should not be asked questions regarding their race or ethnic background during the interview. There are no job-related considerations that would justify asking an applicant a question based on race.

Gender Generally, there are no appropriate questions based on the applicant's gender during the interview process. The only exception is gender is a Bona fide Occupational qualification (BFOQ) when the position justifies hiring a candidate of a specific gender. For example; hiring a female attendant for a women’s dressing room in a department store. Moreover, the federal prohibition against sex discrimination would be violated if an employer were to treat men and women differently based on their marital status or existence of dependents.

Specifically: (a) Women are no longer protected under state wage/hour laws re: number of hours worked, lifting restrictions, etc.

(b) It is unlawful to deny a female applicant employment because she is pregnant, or planning to have a child at some future date.

(c) Questions on marital status, number of children, child care arrangements, etc. are not appropriate.

(d) Questions as to availability to work should be job-related: What hours can you work? What shift(s) can you work? Can you work on weekends and/or holidays?

Age The Age Discrimination Act of 1967 bars discrimination against persons age 40 or over. Any 2 recruiting effort that is age-biased such as "recent graduate", or any question during the interview process that deters employment because of age is unlawful. Questions that would reveal age, such as year of graduation, should be avoided unless there is a need to construct a chronology of work or educational experience.

Citizenship / National Origin Applicants are protected from discrimination based on their national origin. Questions related to an


applicants' national origin, such as their birthplace, ancestry, or origin of name, should be avoided. Thus, you may not ask an applicant where he/she was born, or where his/her parents were born. Prior to making an offer, the only discussion about citizenship status that may lawfully occur is whether the applicant is currently eligible to work in the United States. If such a question is asked of one applicant, it should be asked of all. Following the offer stage, the successful applicant will be required to produce documentation of eligibility in order to complete the I-9 form requirements.

Arrest or Conviction Records Questions relating to an applicant's arrest record are improper, while questions of an applicant's conviction record may be asked, if job related. If such an inquiry is deemed warranted because of a particular position, all applicants should be treated equally, and it is advisable to conduct a formal records check per University policy. The Equal Employment Opportunity Commission and many states prohibit use of arrest records for employment decisions because they are inherently biased against applicants in protected classes. Also, questions about a candidate’s conviction records if included in the selection process must be asked of all applicants in a consistent manner. Asking or obtaining criminal records in an inconsistent manner, based on race, color, religion, national origin or sex of the applicant is unlawful under Title VII.

Financial Status An interviewer should not ask if an applicant owns or rents a home or car, or if wages have been previously garnished, unless financial considerations for the job in question exist. Any employer who relies on consumer credit reports in its employment process must comply with the Fair Credit Reporting Act of 1970 and the Consumer Credit Reporting Reform Act of 1996.

Disability The Americans with Disabilities Act (ADA) prohibits employment discrimination against qualified individuals with disabilities, as well as persons who have a record of disability or are perceived as disabled. The protection extends to all aspects of the hiring process and all other employment related activities. You may not ask whether or not the applicant has a particular disability. You may only ask whether or not the applicant can perform the duties of the job in question with or without a reasonable accommodation. . If such a question is asked of one applicant, it should be asked of all.

Marital and Family Status Questions that could elicit personal information about applicants' marital status or childcare arrangements should be avoided. Employers can ask if applicants are able to work the hours required by the job, or undertake job-related travel, as well as about the duration of any anticipated absences. All applicants should be treated equally. Applicants themselves may ask about the University's leave policies, such as Family Leave, Paternity Leave, Adoption/Foster 3 Care Leave, and Temporary Disability Leave. If such questions arise, refer the applicants to the Benefits section of the UML HR website at www.uml.edu/hr.

Military Record You may not ask what type of discharge the applicant received from military service. Applicants can be asked questions about their military experience, qualifications, or training if they relate to the actual


requirements of the position and if asked, should be asked of all applicants.

Religion Applicants are protected from discrimination based on religious denomination, beliefs, customs, or religious holidays observed. Questions that could elicit religious information should be avoided unless they have a clear correlation to need, such as working on Saturdays or Sundays, or peak periods. If asked, the question should be limited to stating the requirements of the position, and should be asked of all applicants.

Sick Leave / Medical conditions Questions that elicit information about how many days an applicant was sick or other questions pertaining to sick leave or medical conditions should be avoided.

Workers' Compensation Questions that elicit information about an applicant's workers' compensation history should be avoided.

Acceptable and Unacceptable Questions Following is a representative list of unacceptable and acceptable questions. It is NOT all-inclusive but is meant as a guide to assist you in the interview process. If an inquiry could be discriminatory, it is best to avoid it.

Subject Acceptable Unacceptable Name Current legal name

Have you ever worked under a different name?

Is any additional information relative to a change of name necessary to enable a check of your educational or work records?

Maiden Name Questions about national origin,

ancestry, or prior marital status

Age Are you over the age of 18? Age, Date of Birth Questions that might identify the

applicants ages, especially, over 40

National Origin/Citizenship

“All offers of employment are contingent upon verification of identity and work authorization in the United States”

“Are you legally authorized to work in the United States?”

Questions as to nationality lineage, ancestry, national origin, decent, parentage of applicant of or applicant’s spouse. “What is your mother tongue?” or language commonly used by applicant. How applicant acquired ability to read, write, or speak a foreign language.

“Are you a US citizen?” Race, Color None Questions that indicate applicant’s


race or color, complexion or color or skin, eyes or hair. Direct or indirect reference to race, color or racial groups.

Residence Place of Residence “Do you own or rent your home?”

Marital Status Whether applicant can meet work schedule or job requirements. Should be asked of both sexes.

Any inquiry about marital status, children, dependents, pregnancy, or childcare arrangements. Name or address of relative, spouse or children of adult applicant. "With whom do you reside?", or "Do you live alone?", or similar questions.

Religion Describe the work schedule and ask whether applicant can work that schedule.

Questions about applicant’s religion, religious days and hours to be worked, or “Does your religion prevent you from working weekends or holidays?”

Military Service Questions about knowledge, skills and abilities, acquired during applicant’s military service, relevant to the position applied for.

Specific questions about military service, such as dates, type of discharge, or service in foreign military services. -What type of discharge did you receive?

References "By who were you referred for this position?" Names of persons willing to provide professional references for applicant.

Questions of applicant's former employers or acquaintances that elicit information specifying applicant's color, race, religious creed, national origin, ancestry, any physical or mental disability, medical condition, marital status, age or sex

Disability/Medical Conditions

May ask applicant's ability to perform job-related functions and with or without reasonable accommodation, only if the question is asked of all applicants. (The interviewer must have already thoroughly described the job.)

Whether applicant is handicapped or has a disability.

Have you ever been hospitalized? If so, for what condition.

How many days were you absent from work because of illness last year?

Arrest and Conviction

Have you ever been convicted of a crime? If so, when, where and what was the disposition of the

Have you ever been arrested?


Records case? The answer, if yes, will not be used to discriminate against any applicant. (May ask about record of convictions if all applicants are asked.)

References/ Acknowledgements:

• EEOC website ( www.eeoc.gov) Society for Human Resource Management (SHRM) White papers- Basic Interviewing; Guidelines on Interview and

Employment Application

Staffing Process – Key Activities Prepare job description

Develop strategy for finding talent

Post positions, evaluate resumes, interview

Ensure complete applications

Develop pre-interview checklist

Conduct interview

Select the candidate

Work with HR on pre/post checklist

Prepare offer letter

Orient new employee

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Provide a Safe Workplace Negligent hiring may occur if the employer was not diligent in

checking references of an employee who repeats harmful behavior

Employees, volunteers and clients are at risk when potentially dangerous, volatile or harmful behaviors slip through the selection process

Fair Credit Reporting Act BEFORE the Background Check

Fair Credit Reporting Act AFTER the Background Check Notify applicant and send a copy of negative report that may

impact your hiring decision

Ask applicant to correct any inaccuracies

Inform applicant of right to request additional information from the consumer reporting agency

Allow applicant reasonable time to address incorrect information, prior to taking adverse action

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Provide a separate form of disclosure to the applicant before the background check is done

Must have written authorization from applicant to obtain a consumer report

Provide applicant a list of his/her rights under FCRA


Background Check

Independent Contractor or Employee? Right to Control and Economics Reality Test

See Independent Contractor or Employee Checklist

Employer’s obligation to comply

Penalties for misclassifying

Employee Establish 90-180 day training period or initial period of

employment

Clearly define expectations and performance standards from date of hire

Evaluate progress in writing at end of initial period of employment

Avoid using “probationary period”

Independent Contractor

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Verify applicant information

• Education • Licensing and certifications • Criminal, civil and credit checks

Protect the organization’s assets by reducing employee theft

Provide a safe environment for employees, volunteers and clients

Improve the quality of the workforce


In the eyes of IRS and wage hour laws, the independent contractor must control when, how, where, and in what way they work.

Independent contractors may:

Work on projects from their own offices or homes

Maintain contact with you through phone calls or interim meetings at your facility.

Work at your site, though they usually will set their own hours and work independently of your staff.

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Steps you should take when hiring an independent contractor:

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Core Area 4: Compensation and Benefits Compensation Program

Compensation Approach Understand the market demand for specific skills and experience

Consider pay levels for the different job functions in the organization

Contrast your organization’s pay for certain jobs against similar jobs in other organizations

Analyze job and pay for new positions

Define a promotion process

Ensure compensation practices are in compliance with existing laws and regulations, including the Fair Labor Standards Act.

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Salary

Benefits• health, dental,

vision, 401k

401(k) Retirement

Plans

Childcare Subsidies

Flexible work options

Recognition & Rewards


Fair Labor Standards Act (FLSA) Enforced by the Wage and Hour Division of the Department of Labor

FLSA Regulates:

Minimum Wage

Overtime

Equal Pay

Record Keeping

Child Labor – under certain conditions

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Exempt Classifications

Executive Administrative Professional

Outside Sales

Computer-Related Positions

Non Exempt Classifications

Cannot Volunteer to Work Extra

Overtime Must be Paid Within Work Week

Subject Overtime


Analyzing Job Descriptions Compare the elements in this sample job description with the elements in your own or another job description.

Which elements are included?

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Which elements are missing?

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Are there additional elements that are not captured in your own job description?

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What questions come up for you as you are comparing the sample job description with your own job description?

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Analyzing Job Descriptions By Alice Conner, ASU Faculty Associate, HR Management Consultant

Instructions: Job descriptions are an effective management practice because they give the employee guidance in what she or he is held accountable for. They are also the basis for determining compensation. Incomplete, inaccurate job descriptions may lead to problems with compliance and other employment laws. Essentially, a job description is an agreement between the employer and the employee, so the document should be an accurate description of the employer’s expectations and the essential skills and requirements of the job. Any element below in bold or CAPITAL LETTERS is a distinct element required to ensure a job description that is complete, accurate, and ADA compliant.

Assignment: Compare the elements in this “Sample Job Description” below with the elements in your current job description or another job description in general. Which elements are included and which elements are missing? Are there additional elements of your job that are not captured in your own job description? What questions come up for you as you’re comparing this sample job description with your own job description?

SAMPLE JOB DESCRIPTION

Job Title: Human Resources Coordinator

Department: Human Resources

Reports To: Director of Human Resources

FLSA Status: Exempt, salaried. Grade 8 (Hiring Range: $35,400 - $38,680)

Approved By: Director of Human Resources or CEO

Approved Date: May 2007

SUMMARY The Human Resource Coordinator is responsible for overseeing the selection process of employees at all sites, including recruitment, web site job postings, community outreach to job developers and training institutions to ensure effective, lawful administration of all employment practices. The Coordinator will manage the formal employee recognition programs and will work closely with the Director of Human Resources to maintain positive employee relations.

ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Develop job descriptions.

Ensure efficient system of obtaining and pre-screening all applicants for employment. Assist new supervisors in the selection process.


Coordinate the employee recruitment process, including writing and placing ads inclusive of Internet postings, maintaining the web site, establishing community contacts with job developers, referring agencies, training and educational institutions.

Serve as liaison with all university programs requesting student internships in clinics, education, counseling, and administrative services. Coordinate placements with Area Managers, Center Administrators and Department Heads to ensure mutual benefits.

Provide information to applicants regarding application process, employment policies, organization, and open positions.

Ensure acknowledgement of applications and notify applicants of job opening status.

Verify and obtain reference and work history information from prior employers, educational organizations, individuals, regulatory agencies such as state board of nursing and board of medical examiners, credit bureaus, and other sources.

Track background investigations and report adverse findings to Director of Human Resources.

Prepare weekly report of applicant flow and job opening information.

Administer and score tests given to applicants.

Compile and file data related to applicants and open positions.

Track and analyze turnover statistics and exit interview data. Recommend strategies to address organizational patters.

Conduct exit interviews of all non-exempt employees.

Prepare and post job openings internally. Manage employee referral campaign.

Coordinate with the Training Coordinator, Administrators and Managers to communicate training process to new employees.

Monitor formal employee recognition programs. Assist supervisory and management staff in improving the effectiveness of employee recognition.

Compose and edit the biweekly staff newsletter.

Write Maricopa County annual trip reduction plan and monitor compliance measures to meet plan objectives.

SUPERVISORY RESPONSIBILITIES Supervise Receptionist, Human Resources Administrative Assistant and Administrative Volunteers.

QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty

satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability


required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

EDUCATION and/or EXPERIENCE Bachelor's Degree in education, communications, human resources, or health related field preferred

or commensurate experience. Background in educational setting, volunteer, social service or health agency preferred. Course work in human resources management and/or clinical training preferred. PHR/SPHR certification from Society for Human Resource Management desirable.

Knowledge and preferably experience in salary and benefits administration, human resources and/or clinical training, employee/labor relations, employment, and training and development. Skilled in group facilitation and training methods. Ability to communicate policy interpretations and decisions effectively. Customer service skills are essential.

Ability to travel throughout state. Must provide leadership in maintaining positive employee relations. Strong commitment to the mission of the organization and the ability to communicate the mission and underlying values to employees and volunteers.

LANGUAGE SKILLS Ability to read, analyze, and interpret general business periodicals, professional journals, technical

procedures, or governmental regulations. Ability to write reports, business correspondence, and procedure manuals. Ability to effectively present information and respond to questions from groups of managers, clients, customers, and the general public.

TECHNICAL SKILLS Ability to use intermediate skills in Microsoft Word, Excel, PowerPoint, and Access or other database

management.

MATHEMATICAL SKILLS Ability to add, subtract, multiply, and divide in all units of measure, using whole numbers, common

fractions, and decimals. Ability to compute rate, ratio, and percent and to draw and interpret bar graphs.

REASONING ABILITY Ability to define problems, collect data, establish facts, and draw valid conclusions.

CERTIFICATES, LICENSES, REGISTRATIONS None required. PHR/SPHR certification from Society for Human Resource Management desirable.

PHYSICAL DEMANDS


The physical demands described here are representative of those that must be met by an employee to

successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is frequently required to stand; walk; sit; use hands to finger, handle, or feel; reach with hands and arms; and talk or hear. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, depth perception, and ability to adjust focus.

WORK ENVIRONMENT

The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

The noise level in the work environment is usually moderate.

This is not necessarily an exhaustive list of all responsibilities, skills, duties, requirements, efforts or working conditions associated with this job. While this is intended to be an accurate reflection of the current job, management reserves the right to revise the job or to require that other or different tasks be performed.

THIS JOB DESCRIPTION REPLACES ALL FORMER JOB DESCRIPTIONS.

Received by ________________________ on ___________

Employee signature Date

Notes: ______________________________________________________________________________

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Day One Wrap-Up What’s the most important thing you learned today? ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ What questions still remain? ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

Day 2: Welcome Back!


Core Area 5: Issue Resolution

Open Door Policy What does an Open Door Policy mean to you?

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What are some reasons employees may want to use this process?

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What are some barriers to using an open door policy?

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Scenario 1: Harassment An employee in your organization informs you that she has been harassed by her supervisor, who is a member of your management team. The employee alleges that within the last six months, the supervisor:

Repeatedly asked her to go out after work for dinner or drinks, even though she refused him every time.

Often compliments her hair and clothing, even in front of other employees.

Did not intervene when other team members told sexually explicit jokes at staff meetings that she attended.

The employee has not brought her concern forward out of fear of retaliation. Now, the supervisor is making negative comments about her job performance and the employee suspects it is related to her unwillingness to go out with him. She is concerned that she’ll receive a poor performance review, even though her performance is above average.


Questions for small group discussion

Is an investigation into the complaint warranted?

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What company policy or guideline may be relevant?

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What legal/compliance issues are related to this complaint?

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Who should be involved?

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How should you prepare for the investigation?

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Who will you interview, and in what order?

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What other information will you review during the course of the investigation?

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If you find that sexual harassment occurred, what steps will you take?

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Are there any practices you will put in place to minimize the chance that this type of situation will happen again?

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Scenario 2: Promotion

You have just rotated into a new management role in a growing nonprofit organization. During your first month on the job, an employee on your team shares his concern that he is not being developed or considered for promotional opportunities. Your knowledge of the employee indicates that he is an effective contributor to the organization.

In your discussion, you learn that the employee has been interviewing for other positions outside your organization.

Questions for small group discussion

Is an investigation into the complaint warranted?

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What company policy or guideline may be relevant?

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What legal/ compliance issues are related to this complaint?

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Who should be involved?

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How should you respond to the employee?

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What other information is needed during the course of your review of the employee’s concerns?

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What steps will you take to address the concern?

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Are there any practices you will put in place to minimize the chance that this type of situation will happen again?

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Issue Resolution

Discipline Do not use discipline as a form of retaliation towards an

employee who has brought forth an issue or concern.

Disciplinary procedures must be in line with organization policy.

Consistently and fairly applying organization policy protects both the employee and the employer.

Termination Consult Human Resources before proceeding.

Know what is legal and not legal when making a decision to terminate an employee.

Even though employment is “at-will”, be thoughtful about termination decisions.

Conduct a termination meeting with employee, and provide:

o Effective date of termination o General reason for termination o Any pay or other compensation due to employee

Maintain respect; ensure that the employee’s dignity is maintained throughout the termination process.

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Know the steps in the Open Door process, including who an employee can go to in increasing levels of management

Know where the Open Door policy is located in the Handbook

Understand where to go for further help or advice

Have access to tools and resources to resolve issues effectively

Be able to identify a Human Resource rep, if needed


Core Area 6: Performance Management Benefits of Performance Management The business impact on an organization that effectively manages employee performance includes the ability to:

Build the organization for future success.

Effectively manage and implement actions across functional and other work boundaries.

Motivate employees to take initiative because they understand the goals and objectives to which they are being held accountable.

Elements of Performance Management Key Elements:

Define organization goals

Set appropriate reach out goals with individuals or teams of employees

Develop a process for holding people accountable

Measure progress to goals

Provide feedback and development opportunities

Recognize and reward accomplishments

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Example Using SMART Goals

Organizational Goal: Increase our income stream by 15% over 3 years through fundraising and resource development.

• Specific: increase our income by 15% over 3 years

• Measurable: by 15% over 3 years

• Attainable: resources will be in place for this

• Relevant: will impact the population we serve

• Timed: 5% increase per year over 3 years

Write Your Own SMART Goal

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Achieving the Goal With a partner, describe in greater detail, how you will engage employees to commit to and achieve their goals in each of these steps:

Remove Barriers

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Provide Feedback

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Measure Progress

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Reward Performance

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Apply Consequences for Non-Performance

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Core Area 7: Employee Engagement and Development Ways to Develop Employees Promotions are only one way…..

Rotational Experience

Lateral Moves

Growing in Place

Moving on

Other Ideas?

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Fostering Core Behaviors Pay attention to talents and abilities.

Provide consistent and candid feedback.

Talk honestly and realistically about the future.

Identify options that might be available – and those that are not.

Reward and recognize results and accomplishments.

Provide opportunities to expand skills, knowledge and experiences.

Mentor – have a mentor and be a mentor.

Create and support networks that emphasize learning and development activities.

Include a focus on employee development in performance management and retention processes, tools, and resources.

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Are you supporting your talent to build their future and hence your business

Or are you in their way?


Top Performers

Course Wrap-Up What’s THE most important thing you learned today?

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Briefly explain how you will apply what you learned to your work or organization in the immediate future.

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Any lingering questions…

More likely to leave when they do not feel challenged

Crave high-visibility cutting edge projects

Enjoy a chance to shine and stretch

Value a leadership team that understands individual career development wants and needs


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Appendix Quiz Answers

Employment Related Laws Matching Exercise (Page 23) _D_This law regulates time off of work for birth and care of an

infant, adoption, serious health-related conditions for an employee, or their spouse, child, or parent. It also regulates qualifying situations related to military duty

D. Family and Medical Leave Act

_A_This federal law regulates minimum wage, overtime, exempt and non-exempt classifications, and child labor related issues

A. Fair Labor Standards Act

_F_Reasonable accommodation, such as telephone equipment designed to support the hearing impaired, is addressed under this federal law

F. Americans with Disabilities Act

_C_This federal law protects employees and job candidates from discrimination based on race, color, religion, sex, or national origin

C. Civil Rights Act of 1964

_B_This law is an amendment to Title VII of the Civil Rights Act and governs workplace issues in regards to pregnancy, childbirth, and related conditions, prohibiting discrimination against pregnant employees and job applicants in any employment decisions

B. Pregnancy Discrimination Act

_E_A female employee is concerned because she learns a male co-worker in a similar job function earns considerably more than she does, even though she has more experience. What law addresses concerns of this nature?

E. Equal Pay Act


Employment Related Laws Matching Exercise (Page 24) _G_Approval, renewal and revoking of registration for, among

others, non-profit medical marijuana dispensaries and designated caregivers, is addressed in this legislation

G. Arizona’s Medical Marijuana Act

_E_The Immigration and Nationality Act (INA) has provisions related to employment eligibility. To meet the requirements of this law, employers nationally have new hires fill out paperwork, commonly known as….

E. I-9 Form, Employment Eligibility Verification

_A_This entity was established in 1965 to enforce federal employment-related legislation. Throughout its history, its simply stated mission has been to eliminate illegal discrimination from the workplace

A. Equal Employment Opportunity Commission

_H_A 30 year old employee is given a promotion over a 42 year old employee. The 42 year old wants to file a complaint of discrimination. Which federal law would you consider when addressing the employee’s complaint?

H. Age Discrimination In Employment Act

_B_Over 180 federal laws are administered and enforced by this entity

B. Department of Labor

_D_This mandatory Arizona law requires all AZ employers to use a Federal data base to establish employment eligibility

D. E-Verify

_I_This Arizona law became effective in July 1996, and codifies the common law employment-at-will doctrine. It confirms that either the employer or the employee may terminate the employment relationship with or without prior notice or cause.

I. The Employment Protection Act

_C_An applicant with a distinctive accent was asked in an interview where they were born. The applicant was not hired and has decided to file a complaint of discrimination. What law are they likely to file under?

C. Civil Rights Act of 1964 – national origin

_F_An employee quits a job because he or she finds the working conditions to be unbearable. Under what Arizona statute can an employee potentially seek legal action?

F. Constructive Discharge


Employment Practices in Arizona Self-Test (Pages 28-29)

1. True 6. False

2. False 7. True

3. False 8. True

4. True 9. True

5. False 10. True

Pre-Employment or Inquiry Comments Self-Test (Pages 32-39)

1. N 13. N 25. N 37. N

2. N 14. N 26. Y 38. N

3. Y 15. N 27. N 39. N

4. N 16. Y 28. N 40. N

5. Y 17. N 29. Y 41. N

6. N 18. N 30. Y 42. Y

7. Y 19. Y 31. N 43. N

8. N 20. N 32. Y 44. N

9. N 21. N 33. N 45. N

10. N 22. N 34. Y 46. Y

11. N 23. Y 35. Y

12. N 24. N 36. Y


Documents

NMI 102 The Art of Human Resource Management … Guides for NMI/NMI...Timely, relevant knowledge and tools for today’s nonprofit professional. A Professional Development Entity of