Retail Observer

RETAILOBSERVER.COM SEPTEMBER 2015 64 J ust recently, the owners of a small business in our town hit news headlines when it was announced that they were being sued by a former employee for discrimination. "The CEO of a Toms River-based home improvement company and his wife are being sued by a Berkeley Township woman who says she was harassed for getting pregnant and then fired when she took time off after her prematurely-born son was discharged from the hospital." Even in a sleepy town like Toms River, employers who are unfamiliar with current labor laws could end up spending thousands of dollars in legal fees and thousands more if a jury finds against them. United States Federal Law, title VII of the Civil Rights Act of 1964 states that if you have 15 or more employees you must comply with this law. What are the protected categories? Race, Color, National Origin, Sex/Pregnancy and Religion are the protected categories. You are also compelled to comply with the Age Discrimination act of 1967 and the Americans with Disabilities Act of 1990. These are only Federal Laws, many states and cities have their own laws that you must comply with as an employer. For instance, in Pennsylvania, the Pennsylvania Human Relations Act requires employers of 4 or more employees to comply with its own statute which says that you cannot discriminate against a person with a GED rather than a high school diploma. And in Philadelphia, the Fair Practices Ordinance requires an employer of 1 or more employees to comply with their labor laws. For those of us who have been in business for some time, we tend to forget to keep up with new employment laws, job interview and application laws and practices. Not paying attention to this can be costly not only in terms of money but in terms of your reputation. HOW'S YOUR WORK ENVIRONMENT? You may think it is okay, but what do your employees think? Many times we overlook the implications and effects of creating a hostile work environment. Hostile work environments are created when the environment becomes offensive, pervasive and interferes with work performance. It is essential to remember to keep your workplace professional. Always post your guidelines for workplace compliance and have a method to handle complaints from employees that feel they are working in a hostile environment. WHEN WAS THE LAST TIME YOU INTERVIEWED A PROSPECTIVE EMPLOYEE? Did you ask questions that are listed in the protected categories? One thing to note is that even if you don't ask questions about a protected category be careful not to inadvertently ask any question which may reveal a protected category. For example, with today's internet, access to information is fast and easy. Sometimes employers will research a prospective employee on the internet such as through Facebook and LinkedIn. The information you attain from that research could reveal things that are in the protected categories and could be used against you if the interview goes awry. HOW OLD IS YOUR EMPLOYMENT APPLICATION? Have you checked your employment application lately? If you are still using the old industry standard employment application, you may be violating the law. The new Ban-the-Box movement has been adopted in dozens of cities and states which restrict employers from asking job applicants about criminal convictions. Ban-the-box refers to the check box on employment applications asking whether the candidate has ever been convicted of a crime. Ban-the-Box laws require hiring managers to put off asking about the candidate's criminal history until after an interview has been conducted or a provisional job offer has been extended. Since our industry restricts us from placing ex-felons in our customers' homes, this creates a special consideration when it comes to your employment application and interview process. Finally, I am not an attorney. The information I have presented is for your awareness and may be different in your city or state. Please seek professional legal advice before enacting any policies or procedures for your company. EM PLOYM ENT LAWS, APPLICATIONS AND INTERVIEWS S E R V I C E D E P A R T M E N T Ralph E. Wolff , MCAP, CSM Industry Relations, PSA Service News features alternating writers discussing topics of the service industry. RO

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