1. A Manager’s Guide to HR Law
Going Beyond Mere Compliance
July 2017

2. Your Presenter Steve Semler
Chief Learning Architect / Talent Consultant
Author
HR Geek

3. Pseudo-Mandatory Disclaimer
This presentation is not actual legal advice.
Consult with your organization’s legal counsel before making any legal decisions.

4. The Law is there to Help People

5. A little bit about HR law
Every law was prompted by multiple past injustices
Attempts to prevent future injustices
States what you can’t do
States what you must do
Must be taken as a whole
As a manager, you need to know enough to make good decisions.
The core principle behind HR law is to make decisions based on fair and equal treatment of individuals.

6. Triggers Contracting Hiring Compensation Assignment Scheduling
Training
Promotion
Conflict
Termination

7. What gets managers in trouble?
Some cases…
Failure to document
Failure to pay overtime
Misguided paternalism/maternalism
Playing favorites
Compliance miscalculations
Failure to accommodate
Turning a blind eye to bullying
Credit: Jathan Janove, J.D., HR Magazine, June/July 2017

8. What questions do you have?

9. Can’t do: Discrimination
Preferring an individual or group because of characteristics that are not requirements for the work performed.
Protected classes: Info that can’t be used for decisions:
Sex
Race
Ethnic background
National origin
Gender identity
Veteran status
Religion
Disability status
Age
Genetic information
Criminal convictions
Credit history

10. Discrimination, direct and indirect
Adverse impact: When decisions are not based on protected characteristics, but have a negative impact on people with common protected characteristics.
These are “Second Generation” discrimination cases, but just as damaging and costly as direct cases.

11. Discrimination, by other paths
Language (national origin)
Culture (national origin, race, ethnicity)
Dress code (religion, national origin)
Schedule (religion, disability, age)
“Customers will relate to this person” (race, ethnicity, age, gender, etc.)
“Fit with our culture and mission”

12. Discrimination alternatives, Part 1
Do this to stay on the side of justice:
Base employment decisions on bona fide occupational qualifications (BFOQ’s)
Knowledge, skills, abilities – all related to behavior and results needed for the work that must be done
Every employee in that role needs these and only these
Everything else is irrelevant
Put soft skill or customer and team relations requirements into behavioral terms
Behavioral terms…?

13. BFOQ’s in behavioral terms
Knowledge of grant writing terms, customs, and requirements
Skill with MS Word and Adobe Acrobat for preparing grant applications and reports
Ability to coordinate with multiple stakeholders to prepare, submit, and track grant requests
Ability to analyze and calculate complex cost formulas for grants
Ability to perform physical requirements of the job [specify these]
Ability to consistently convey a helpful, positive impression while working and communicating with people from different cultures and backgrounds
Ability to resolve conflict between self and others constructively and independently

14. Discrimination alternatives, Part 2
Install guard rails:
Look hard at your implicit biases
Education
Experience
What the client will relate to
Style
Put processes in place to reduce bias in personnel decision making (hiring, training, promotion, assignments, scheduling, compensation, retention)

15. Pause for questions and dialogue

16. Can’t do: Interfere with Collective Action
National Labor Relations Act prohibits an employer from interfering (for or against) attempts of employees to discuss and negotiate terms of work conditions and pay.
Key Point: Discussing terms and conditions of employment is protected activity, at the workplace and outside it.
Trending Caution Area: Social media!

17. Must do: Pay and benefits
Employment eligibility verification
Minimum wage
Overtime pay: FLSA Exempt and Non-exempt statuses
Hours
Benefits
Employee records access
Fair and consistent discipline and performance management

18. Must do: Inform employees
Required posters
Inform employees of their rights
Includes prohibition against retaliation
Managers need to read and understand these posters, too!

19. What questions do you have?

20. Cases for thought What is the possible issue?
How could you tell if this is really a problem?
What would you do if you were in this situation?

21. Summary: Be aware, be fair
Understand the intent of the law
Be aware of the trigger situations
Know what you can’t do, what you must do, and why
Speak with your HR professional for help

22. Resources Your HR Manager HR Laws for Managers (Google Search)
Advice: Talk with this person!
HR Laws for Managers (Google Search)
Search: HR laws for managers
Society for Human Resource Managment (SHRM)
Site:
This is the resource HR professionals use