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Frequently Asked Questions

Q: How do we prevent sexual harassment from happening in our workplace?

A: An employer can reduce the risk of sexual harassment by working proactively to minimize the chances of it happening. Provide employees a healthy, productive work environment, learn to recognize sexual harassment, and know what to do if it occurs. Most importantly, take immediate action to stop it. Recent court decisions have indicated that the following steps will help to minimize your liability:

  • develop a clear, detailed policy against all forms of harassment, consistent with EEOC guidelines and court decisions;

  • disseminate the policy to all management & employees, alike;
  • enforce the policy;
  • conduct periodic training for all employees;
  • provide an employee complaint process; and
  • establish investigation procedures.

JK Evans & Associates LLC develops sexual harassment policies, consistent with the law, EEOC guidelines, and court decisions. We provide sexual harassment training for supervisors and employees to help employers deal with this challenging issue, proactively substantiate compliance, and minimize the chance of sexual harassment occurring in the workplace.

Q: How do we reduce our turnover and keep our good employees?

A: With today's tight labor market, recruiting and retaining good people is more challenging than ever. If you want to know what will keep your employees happy, why not ask them?

An organizational assessment or employee opinion survey is one way to find out what your employees are really thinking. Many times, employees leave, not because of better money or benefits, but for other less obvious reasons. Uncovering the true reasons for employee turnover and then proactively developing a retention plan is the real challenge for addressing retention problems.

JK Evans & Associates LLC will custom design a confidential survey for your organization to uncover important employee issues, and then assist you in formulating effective retention strategies, and realistic retention goals.

Q: Are we paying our employees too much or too little?

A: Payroll is the most expensive cost to any organization, and therefore the compensation program should be structured carefully to provide internal fairness and external competitiveness. Compensation is an important factor in the successful recruitment and retention of good employees. Without a competitive compensation package, inclusive of competitive pay and benefits, you will find it extremely difficult to compete in this tight labor market, and attract qualified workers to your organization. Therefore, it's critical to have the right program in place to help you pay and reward your employees appropriately.

Assess External Competitiveness: A comprehensive wage survey will enable you to compare wages paid in your organization, to those in your defined labor market. The survey should include paragraph descriptions of the jobs surveyed, as well as a promise to share the results with respondents. Encourage respondents to return the form, within a reasonably established timeframe, by including a self-addressed stamped envelope.

Assess Jobs Internally: Job evaluation, such as point factor analysis, will enable you to determine and establish pay equity, within your organization. Internal equity is very important for retaining qualified workers, since most employees not only compare themselves to other organizations, but also subjectively compare how "fair" their pay is as it relates to the pay levels of their coworkers.

Establish Pay Policies: Pay policies are an important component of a compensation program since they proactively address, in part, how employees are granted raises, flexibility allowed for attracting and compensating new hires, incentives, shift differentials, merit and other issues. Pay policies should be designed to be consistent with your organization's pay philosophy.
Evans & Associates is experienced in developing compensation systems, including merit pay and incentives, for many types of organizations. Working within your budget and pay philosophy, we will work with you in designing a competitive and effective compensation program that meets your organization's needs.

Q: How do I know if a person is disabled under the ADA?

A: Determining the definition of a disability under the Americans with Disabilities Act is not an easy matter for employers. The courts have been wrestling with this question for several years now, with conflicting decisions, making it difficult for employers to comply with the law.

Under the ADA, individuals are disabled if any of the following statements apply. If the individual:

  • suffers from a physical or mental impairment that substantially limits one or more major life activities, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working;

  • has a history of impairment; or
  • is treated or regarded as having an impairment.

The ADA requires employers to determine an employee's disability on a case-by-case basis. The law does not list all of the diseases or conditions that could be considered physical or mental impairments, but does list some that are not. Temporary nonchronic conditions, such as broken bones, that do not last long and have little or no lasting impact, usually are not impairments covered by the ADA. The EEOC has issued guidelines that help employers make these decisions.

It's important to know when to make reasonable accommodations for a disabled worker, and what duties are considered essential functions of a job. Accordingly, it's advisable to proactively define the essential and non-essential duties in job descriptions. Define the qualifications for the job, including license requirements, but be careful to ensure that they are job-related and don't discriminate (even inadvertently) against persons covered by the ADA. Also, be careful when setting physical and mental standards for your jobs. For assistance with ADA compliance, give Evans & Associates a call.


The content of the FAQ pages is for informational purposes only and is not intended to be used as legal advice or legal opinion. For legal advice, consult an attorney. For assistance with compliance in human resources and labor relations, call JK Evans & Associates LLC.


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