COMPLIANCE CONCERNS ALL BUSINESSES SHOULD WORRY ABOUT TOP 3 HR COMPLIANCE CONCERNS ALL BUSINESSES SHOULD WORRY ABOUT Sabrina Baker, SHRM-CP • CEO/Founder 01

CEO, Acacia HR Solutions Presenter Top Three HR Compliance Concerns... 02 Sabrina Baker, SHRM-CP CEO, Acacia HR Solutions sabrina@acaciahrsolutions.com @sabrinalbaker in/sabrinabaker call or text: 847.893.9756 A little about me...

Agenda 2018 EEOC Statistics Risk Management Strategies Top Three HR Compliance Concerns... 2018 EEOC Statistics Review the top 3 filed charges with the EEOC in 2018. Risk Management Strategies Comprehensive strategies businesses can use to mitigate risk in these areas. Agenda Employee Grievance Strategies Best practices surrounding employee grievance procedures and resolution. 03

Employees have 180 days to file a charge. EEOC Process Top 3 HR Compliance Concerns... 04 Employees have 180 days to file a charge. All employers with 15 or more employees are covered....

2018 EEOC Statistics Total Charges - 76,418 Top Charge - Retaliation This number represents the number of individual charge filings, however, individuals often bring more than one charge. It does not include charges brought with state or local agencies. This number does represent a decrease from 2017. Top Charge - Retaliation Retaliation is broken into two categories: all statutes and Title VII only. All statutes, which includes Title VII violations accounted for 51.6% of all charges brought in 2018.  This is up from 48.8% in 2017. Retaliation charges are not only brought for employees but for job applicants as well. 2018 EEOC Statistics Second Charge - Sex Sex based charges, sexual harassment being the most common,  accounted for 32.3% of all charges in 2018. This number has been fairly unwavering for the last 11 years in spite of the more intense focus in recent years. Many state and local governments are taking on sexual harassment in lieu of a broader federal mandate. Third Charge - Disability Coming in third, although only slightly, is disability charges. These charges accounted for 32.2% of all charges filed. While the EEOC does not share detailed stats on disability charges, there is anectodotal evidence to support the idea that most disability claims result from employers failing to provide reasonable accommodation. 05

$505 Million $148 Million Awarded in all cases. In sex-based cases alone. Top 3 HR Compliance Concerns...

Retaliation Based Charges 07 Retaliation Based Charges Law Participating in a complaint process is always protected activity. Employees or job applicants should never be disciplined, fired or disparaged in any way due to the fact they lodged or participated in a complaint process. That isn't to say that employers can not discipline or terminate any employee who is participating in a complaint process. As long as the actions taken by an employer have nothing to do with the charge filed, it is completely legal. Examples of Retaliation Providing an evaluation that is lower than it should be. Moving the employee to a less desirable position. Terminate the employee. Make the employee's work more difficult in hopes they will quit. Verbal abuse or threats. Spread false rumors. Threaten to make or actually make reports to the police.

Sex Based Charges Law Examples 08 Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex. Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation is discrimination because of sex in violation of Title VII. In 2018, the EEOC helped victims receive over $148 Million in monetary rewards for sex based harassment. Examples Sexual harassment that is so pervasive it creates a hostile work environment. Refusing to hire or paying lower wages to a certain gender. Holding a certain gender to higher standards than their counterparts. Being denied pay raises, training opportunities or promotions due to your gender. Being mistreated or misrepresented based on your gender identity.

Disability Based Charges 09 Disability Based Charges Law Disability based charges occur when an individuals covered under the Americans with Disabilities Act or the Rehabilitation Act is discriminated against because of that disability. Employers are required to provide reasonable accommodations for both employees and job applicants. They are not required to provide accommodations that would represent an undue burden on the company. Examples Treating a job applicant or employee less favorably due to a disability. Using derogatory words regarding an inividuals disability. Not providing disabled individuals a reasonable accommodation that would not present an undue burden to the company. Denying an employee their rights under FMLA or other job protected laws due to their disability.

Risk Management Strategies 10 Policy Employers should have written policies clearly stating their position on retaliation, sexual harassment and disability accommodations. Employer Must Haves Risk Management Strategies Supervisor and Employee Training Comprehensive training should be provided around employee rights, leadership responsibilities and company zero tolerance policies. Grievance Procedures Employers should provide employees with a clear process as to what to do when they feel they have a complaint they want to talk through.

Many employers have policies around these areas in their handbook, but they often aren't effective. They may cover the employer from a legal standpoint, but they do not really convey the message they intend. Put the policy into your own words. Ensure it represents your workforce. Talk about why this is important. Make the policy accessible in more than just one place. Revisit the policy often to ensure it is still accurate. Policy Best Practices Top 3 HR Compliance Concerns.... 11

Top 3 HR Compliance Concerns... 12 It isn't enough to have a policy in place, supervisors and employees should be trained on these topics and their responsibilities under them. Further, supervisors should be trained on not only specific behavior, but what to do when they see something that may violate one of these policies. Initial training should occur within the first 90 days. New supervisors should go through additional training. Training or reminders should be revisited on a regular basis. Comprehensive surveys to determine pervasive behavior that may be present but not discussed. Top 3 HR Compliance Concerns... 12

Provide multiple outlets. Ensure that the employee feels heard. Quite possibly the most important component in risk mitigation strategies is ensuring that employees have a safe outlet with which to share their concerns. It isn't enough to just say they should report it to their supervisor or HR, you must ensure that their supervisor or HR represents a safe place to them.  Provide multiple outlets. Ensure that the employee feels heard. Thank the employee for sharing their concern. Leave personal feelings out of it. Top 3 HR Compliance Concerns... 13

Overall Best Practices... It can take a lot of courage for an employee to speak up. It's important to take even the mildest of concerns seriously. Take All Concerns Seriously Employers should have a written investigative process that they follow each time. The process should be designed to gather all the necessary facts to make a decision on next steps. Investigation Process Once a concern has been brought and an investigation has started, it is important to communicate back with the employee who brought the concern throughout the process and at the conclusion. Communicate 14

Legal Counsel When to Seek Guide the investigative procedure When communication breaks down Receive a notice from the EEOC 15 Top 3 HR Compliance Concerns...

Open Communication is the Best Risk Mitigation Strategy Top 3 HR Compliance Concerns... 16 Open Communication is the Best Risk Mitigation Strategy Employees who feel as though their complaints are heard, taken seriously and that appropriate actions are taken to address the concern are less likely to seek outside assistance in getting their issue resolved.

Twitter @sabrinalbaker Acacia HR Solutions offers a Learning Management System (LMS) with off-the-shelf and customized training around each of these topics. Reach out today to find out more about offering online training to supervisors and employees. LinkedIn in/sabrinabaker Website www.acaciahrsolutions.com Top 3 HR Compliance Concerns...