Oops.................. forgot that one!

PAhr

[font size="1" color="#FF0000"]LAST EDITED ON 06-10-03 AT 02:58PM (CST)[/font][p]Here goes a dumb one. Upon review of the company handbook I noticed that our anti-discrimination policy seems to be missing one federally protected classification. There are four different anti-discrimination and/or anti-harassment statements throughout and in each one this classification has been omitted. I just read an article about "good faith" defences and I am now wondering if we would fire someone and they later claimed discrimination based on the missing classification, would a "good faith" defence be out of the question since that classification was not there? I do fully intend on getting this matter resolved (new handbook is in the works right now anyway) but should I be concerned about it's omission? It is one of the more common discrimination classifications and for the life of me I can't figure out how it was overlooked. Thanks.

Margaret Morford

I don't want to add to your stress level, but a greater concern would be if an employee brought a discrimination suit and you could not even show the EEOC/courts that your policy prohibited this type of discrimination. A plaintiff's lawyer would eat you alive by saying that the exclusion of that one class indicates an absolute disregard for that class of people and makes harassment of these individuals company approved.

I'd get it changed as quickly as possible.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

scottorr

I agree with Margaret. If you are using internal policies I would quickly start there by adding the missing class. Get those handbooks re-done ASAP.

Parabeagle

If your company is anything like mine and it takes forever to finish the simplest task (our handbook took 10 months to edit and produce), I would go so far as to develop a stand-alone policy statement for distribution NOW to all employees (perhaps combined with your harassment policy so as not to be too obvious) in which you affirm your commitment to equal opportunity for all employees, (make sure you include the omitted class this time), etc. etc. etc. and that you expect your employees to treat each other with dignity and respect, etc. etc. etc. If you take the steps to ensure that each employee gets a copy and signs that s/he has received it, that might take a little pressure off. But Margaret is 100% right -- get that handbook fixed right away.

PAhr

Ok, we are going to send out a memo and have all supervisors do shift meetings to just review the harassment policy and give the employee's all a copy with the added class and have them sign the log sheet to show they are aware of ALL the policies. We have also contacted the handbook company about the revisions. To Margret, would we really be in hot water for that one small omission? One of the statements does say "or any other classification protected by law." Would that help us any?

Margaret Morford

While I'm not able to give you legal advice (note the disclaimer) nor predict the whims of the EEOC or a jury of twelve, it will help, but I can't predict how much. I'd take the advice of the person above and distribute a separate policy immediately.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

njjel

I absolutely would distribute a separate policy. We in fact did do just that. Our handbook was done a few years back without a sexual harassment policy. One was developed and passed out for all to sign. We still (takes years to make changes here) have not revised our manual and therefore whenever we hire someone new, they get the handbook AND the separate SH policy.