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:
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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