Employment Law Today Masthead
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January 10, 2006 — Volume 7, Number 19

AHI's Believe It Or Not
Discriminatory hiring practices in the United States may sometimes leave workers shaking their heads. But in China, some employees must be shaking their entire bodies. According to one Chinese legislator speaking in front of that nation's parliament, many employers have been rejecting applications from individuals born under the sign of the dog in the ancient 12-animal astrological cycle. Why? Because tradition holds that people born under that sign are cursed with bad luck, and employers don't want to risk being afflicted by it, too. As if birthday discrimination isn't bad enough, a province in central Hunan reportedly demanded that women applying for government jobs had to possess symmetrical breasts. That requirement was scrapped after a public uproar.


IN THIS ISSUE:

1. Feature Story: Privacy Problems Persist

2. What's In An Employee's Name?

3. HR Soapbox: Cold Offices Translate Into Lukewarm Performances






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1. FEATURE STORY:
PRIVACY PROBLEMS PERSIST

While President Bush's struggle with privacy issues affecting national security in recent years has made national headlines, American employers have been beleaguered by their own set of privacy problems in workplaces across the country. Yet those same employers display a surprising lack of urgency when it comes to erecting defenses that might protect them from legal incursions based on alleged privacy missteps.

Take dating, for example. Newspapers and TV/radio commentaries were filled with reports this past summer of the California supreme court ruling that greatly expanded the liability of employers when it comes to the effect of supervisory dating on third-party co-workers. Yet in a national survey probing employer attitudes and actions on specific privacy issues, a stunning 80% of the respondents admitted they did not have a policy forbidding workplace dating. And an even larger 92% said they didn't forbid dating customers, vendors, or even competitors.

Those were among the results of AHI's 2005 Survey Of Workplace Privacy Policies And Practices conducted in October last year among a select group of executives involved in decision-making in the Human Resources departments at their organizations. For more details on the Survey, click here.

Among other notable results were:

  • A substantial 79% of the respondents claimed that they do monitor their employees' use of computers, e-mail, the Internet, etc. But only about half (52%) use filters on their e-mail or Internet systems, thus leaving themselves wide open for spam and other non-business messages that are often part and parcel of hostile environment sexual harassment lawsuits.

Note: The need for monitoring employee computer usage was recently underlined in a post-Christmas decision from a New Jersey appeals court that held an employer liable for negligence when the company took no adverse action against an employee it suspected of accessing child pornography.

  • Sex is the number one target when it comes to filters. For e-mail, words of a sexual nature take the top spot (79%), and for the Internet, sexually graphic websites (91%).

  • Better than four in five (83%) of the employers do have dress codes in place, and almost two-thirds name public contact as the main factor in drafting such policies. Interestingly, nearly a third said top management preferences were important in establishing dress codes.
  • Speaking of dress codes, it would seem the demise of "casual Fridays" has been overstated, as over half (54%) of all employers allow them.

2005 Survey Of Workplace Privacy Policies And Practices

This national survey report gives you everything you need to benchmark your privacy policies and practices against those of your peers. You will learn how over 300 organizations responded to over 50 key questions like:

  • What kinds of monitoring techniques do you use to monitor employee use of the company's electronic equipment?
  • Has an employee ever accused your organization's monitoring efforts of illegally invading his/her privacy?
  • How has monitoring affected employee morale?
  • What was the most important factor(s) you considered when drafting your dress code policy?
  • Do you have a company policy that prohibits employees from dating customers, vendors, or competitors?
  • Who is chiefly responsible for conducting workplace searches?

Visit our website to get your copy of AHI's 2005 Survey Of Workplace Privacy Policies And Practices today!

2.

WHAT’S IN AN EMPLOYEE’S NAME?

Answer: The basis for a national origin discrimination claim. That was the case for one employee, whose manager thought a Westernized version of his name would create a better chance for...View the full story on our website.

FREE REPORT OF THE MONTH:

Check out the new Free Report, "HR Resolutions For A Lawsuit-Free New Year," which is a roundup of 16 compliance hurdles and how to clear them so you can hit the ground running in 2006 without getting tripped up by grievances and lawsuits. In addition to the 16 actions you do not want to follow in the new year, you also get messages you will want to convey to all your managers as part of your planning process.

3.
HR SOAPBOX: COLD OFFICES TRANSLATE INTO LUKEWARM PERFORMANCES

Kick back, relax, and take a few minutes to check out the HR Soapbox, "Cold Offices Translate Into Lukewarm Performances" in which an editor explores how temperature can affect productivity.

TOP 5 RESOURCES FOR HUMAN RESOURCES PROFESSIONALS

The Complete Policy Handbook1.
The Complete Policy Handbook

Shows you how to safeguard against the damage that loopholes in your employee handbook can cause. You'll get a CD-ROM containing a complete set of ready-to-print policies for a foolproof manual of your own...policies that have stood up to courtroom challenges...with language that has worked in defending other employers.

2005 Survey Of Traditional Time Off And PTO Program Practices2.
2005 Survey Of Traditional Time Off And PTO Program Practices

This national survey report gives you everything you need to benchmark your time off policies. You will learn how over 700 organizations responded to over 25 key paid time off questions.

Workplace Compliance Training Series 3.
Workplace Compliance Training Series

This training program is simple to employ and gives you every tool you need to customize training to your organization's specific needs. The series includes six stand-alone modules: Avoiding Hiring Mistakes; Conducting Successful Performance Appraisals; Eliminating Disability Discrimination; Improving Workplace Discipline Practices; Preventing Sexual Harassment; and Strengthening Workplace Diversity.

Employer's Guide To Record-Keeping Requirements4.
Employer's Guide To Record-Keeping Requirements

Covers all the records, files, and documents demands made on employers by state and federal laws and agencies; as well as what you must post on company property to stay on the right side of employment laws.

Complete Personnel Documentation Library5.

Complete Personnel
Documentation Library

Gives you a complete collection of Human Resources department documents for every situation... customizable with the click of your mouse. We have designed all the forms based on legal specifications to protect you and your organization from costly fines and lawsuits.

Copyright © 2006 by Alexander Hamilton Institute, Inc.
Employment Law Resource Center at www.ahipubs.com
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