The Proactive Employer

Employers have long recognized that conducting due diligence on new hires is a mission critical task. Firms cannot afford to be sidetracked by employee problems such as workplace violence, theft, false resumes, embezzlement, harassment or trumped-up injury claims. Employers can be sued for negligent hiring if they hire someone they should have known, through the exercise of due diligence, as dangerous, unfit, dishonest or unqualified.

In this episode, we talk with Les Rosen about the top 10 trends and best practices for 2013 when it comes to background checks and safe hiring. We discuss the use of social networking sites, the EEOC approach to the use of criminal records and credit reports, international background screening, resume fraud, dealing with temporary workers, privacy and off shoring of personal data, and tools to protect against workplace violence. We wrap up the conversation with some legally compliant best practices to keep businesses productive and out of court, as well as steps businesses can take immediately to avoid a bad hire.

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Dealing with complex gender discrimination issues in the workplace is very challenging. From pay to promotion to pregnancy, employers are facing risks they may not be prepared to manage. Understanding what these risks are, knowing what internal processes you should have, and what data and documentation you should maintain is a critical component of reducing these risks and ensuring your workplace is free of gender discrimination.

In this episode, we speak with Timothy Long and Lauri Damrell about gender discrimination. We discuss why gender discrimination is a family issue, not just a women's issue. We talk about the growing popularity of multi-million dollar gender discrimination suits and the trends in gender discrimination investigations from regulatory agencies. We discuss specific vulnerabilities for employers in the areas of pay, promotion, and pregnancy discrimination, and provide some practical suggestions on how to avoid lawsuits, and what to do should you find yourself involved in complex gender discrimination litigation.

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Drug and alcohol impairment in America's workforce is a growing problem. According to studies by the Center for Substance Abuse and SAMHSA, 22.6 million Americans used illicit drugs in the past month. 66% of those users are employed. 3.1% of workers admitted to using drugs before or during work hours in the previous year.

Drug and alcohol impairment in the workplace presents a danger to employees and the public, causes increased workplace accidents, increased absences, decreased productivity, and lower morale.

In this episode, we speak with Peter Lowe about impairment in the workforce. We talk about the prescription drug pandemic, medical marijuana laws, the new recreational marijuana laws in Washington and Colorado, and the conflicts between federal and state laws. We discuss whether "medical marijuana user" is a new protected class, and how medical marijuana relates to the ADA. We wrap up the discussion with some recommendations for employers on what workplace alcohol and drug policies they should have in place, and how to enforce those policies.

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As 2012 draws to a close, it's time once again to look back on the year that was. During the past 12 months, we've talked to a variety of leading experts and policy-makers: EEOC Commissioner Chai Feldblum, OFCCP Director Patricia Shiu, civil rights activist Lilly Ledbetter, Former Wage and Hour Administrator Tammy McCutchen,  Former EEOC Vice Chair Leslie Silverman and Harvard Professor Frank Dobbin, just to name a few.

Our guests have shared a wealth of practical suggestions on managing EEO compliance, avoiding employment discrimination litigation, and being  a proactive (rather than a reactive) employer.

In this week's episode of The Proactive Employer, we'll be looking back on 2012 and sharing a collection of highlights and best advice from this year's guests.

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As 2012 draws to a close, our thoughts often turn to the coming year. What does 2013 have in store for federal contractors? Will there be staffing changes at OFCCP? Is a pullback on the agency's regulatory agenda possible? What new policies will be unveiled? Where will OFCCP focus its enforcement efforts?

In this episode, we talk with Mickey Silberman about what federal contractors can expect from OFCCP in the coming year. We talk about the agency's enormous regulatory agenda and the practical implications of the proposed changes. We discuss OFCCP's focus on sex discrimination, compensation discrimination, and the employment of individuals with disabilities, and whether that trend is likely to continue. We talk about the agency's recent history of aggressive enforcement efforts, and whether that trend is likely to continue into the future. We wrap up the discussion with some steps federal contractors should take now to prepare for the coming year.

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We've all heard about the Bill of Rights, which guarantees our freedom of speech, freedom of religion, and the right to bear arms, among other things. But did you know that there's an Employer Bill of Rights?

The Employer Bill of Rights: A Manager’s Guide to Workplace Law, by Jonathan Hyman, is a practical handbook designed to help managers and business owners navigate the ever-changing maze of labor and employment laws, rules and regulations. The book provides employers with the confidence to make hiring, firing, and other personnel decisions free from the fear of litigation.

In this episode, we talk with Jon Hyman about  why employers need a bill of rights, the areas of greatest concern for employers in the HR and personnel area, and how this book can help businesses make informed decisions and hedge against the biggest errors that too often result in expensive and time-consuming lawsuits.

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There's a new movement taking hold - a movement about changing the way we plan and run our businesses, being more connected to our community, and enjoying the personal and economic benefits that come from doing so. It represents a fundamental change in thinking about the relationship between private enterprise, NGOs, civil groups and the public: through cooperation, everyone can benefit by considering and responding to the evolving needs and beliefs of today's society.

In this episode, we talk with Amanda Hite about this change in thinking and the concept of "connected, conscious and creative Capitalism." We discuss why community relationships are critical for businesses, how to create those relationships, and how they benefit sustainable success. We talk about how to incorporate these ideas into business strategy, and the implications for both personal and financial bottom lines.  We also hear from Amanda about some concrete examples of these ideas in place, from the "No Kid Hungry" campaign here in the US, to the work Changers of Commerce have done with Global Hope Network International to help two villages in Ethiopia move closer to self-sustainability.

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This year’s presidential campaigns featured discussions on firing Big Bird, the unemployment situation in this country, the 47% and the failed campaign promises. But have you thought about where the candidates stand on issues related to human resources and employment law?

In this episode, we talk with Patricia Trainor about where President Obama and Governor Romney stand on human resources and employment law issues. We talk about the pending “right to know” employee classification regulations under the Fair Labor Standards Act, affirmative action, and the National Labor Relations Board’s reach when it comes to social media policies and employee handbooks. We also discuss what the election results could mean for employers and HR professionals.

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In 1988, Congress designated October as National Disability Employment Awareness Month. This year's theme is "A Strong Workforce is an Inclusive Workforce: What Can YOU Do?"

To celebrate National Disability Employment Awareness Month, we hosted a special one-hour round table discussion on disability employment. Guests for this round table include Former EEOC Chair Cari Dominguez, Sheridan Walker, Kevin Bradley, James Rodriguez, and Jonathan Hyman.

The discussion looks at issues such as diversity and inclusion of individuals with disabilities into the workforce, effectively recruiting within the disabled community, accessibility and accommodation, compliance issues and employers' legal responsibilities under the ADA, and HR best practices with respect to the employment of individuals with disabilities.

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Small Businesses, listen up! There are some huge changes headed your way very soon, and you need to start preparing for them now.

These changes encompass everything from tax credits to unemployment insurance to health care to workers compensation. The new rules will be effective as of January 1, 2013, so now is the time for small businesses to take action.

In this episode, we talk with David Siracusa and Evan Collert of Employee Leasing Strategies about these changes, and what small businesses need to do now to get ready.

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