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Policies and Procedures

Policies and Procedures

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The Wrong Way to Engage in the ADA Interactive Process

September 29, 2014
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Once an employer becomes aware of the need for a reasonable accommodation, the ADA obligates it to engage in an interactive process with the employee to identify and implement appropriate reasonable accommodations.
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Time Off for Religious Holidays

September 25, 2014
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Title VII requires an employer to reasonably accommodate an employee whose sincerely held religious belief, practice, or observance conflicts with a work requirement, unless doing so would pose an undue hardship.
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EEOC Should Do as it Does, Not as it Says

September 24, 2014
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If the EEOC has policies that screen-out certain felons, then the EEOC should not publish enforcement guidance that limits this practice, and should not pursue litigation that challenges this practice.
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Don't Try to Regulate Employee Off-Duty Alcohol Consumption

September 23, 2014
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Test randomly and test for cause. There is no need to regulate employees’ off-duty lives by requiring abstinence.
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How to Draft a Legal Retaliatory Waiver of EEOC Rights

September 22, 2014
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The proper way to draft an arbitration agreement, or other agreement that waives certain rights or remedies, is to carve out EEOC charges.
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Don’t Fish for Return-to-Work Medical Info Under the ADA

September 16, 2014
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The moral of this story is to confirm, but don’t fish, when seeking medical information from an employee returning to work following a medical leave of absence.
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What's the Tipping Point for Turnover?

September 15, 2014
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We may have an attrition problem, but I'm not quite sure. Our turnover is between 12 and 15 percent the last three years, but this year is ticking closer to 20 percent. This does not include involuntary terminations due to downsizing/restructuring. We know some turnover is due to market factors, and some due to cultural growing pains (we've doubled in size the last five years). From an analytic view, how could we determine if our turnover might present a future lingering problem?

—Starting to Worry, HR manager, software/services, Minnesota


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Do Your BYOD Employees Understand the Remote-Wipe?

September 11, 2014
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The employer must have the ability to remote-wipe an employee's BYOD device to remove its data.
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SHRM Releases Competency Ground Rules for New Certification Program

September 11, 2014
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The Body of Competency and Knowledge documents the nine behavioral and technical competencies on which the SHRM certifications are based.
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We Are Always Being Watched: Ray Rice and Workplace Investigations

September 10, 2014
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It is a brave new world of workplace investigations. He-said/she-said has been replaced by “let’s go to the tape.”
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