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1. FEATURE STORY:
PAY ATTENTION TO POSTING REQUIREMENTS

When you think of employee benefits, 401(k)s, flexible spending accounts, and employee stock options probably spring to mind. It's unlikely posting requirements will receive a passing thought. But they should. Reason: Knowing that they can file a discrimination charge is one of the most basic "benefits" of being an American employee. Just because such knowledge is typically a given in today's society, doesn't mean you can skirt posting responsibilities.

Case In Point

The EEOC granted right-to-sue letters to two employees who claimed they were forced to resign from their jobs due, in part, to discrimination based on sex and national origin. That pro-employee decision came despite the fact that they filed their charges after the expiration of Title VII's 300-day statute of limitations. The employees had argued that the time frame should be extended because the company failed to post notices advising them of their legal rights related to employment discrimination.

A lower court dismissed their claims, ruling that the provision that allows time extensions for filing claims can be used only when the employer "actively misled" employees, and that failure to post a notice did not fall into that category.

But a court of appeals resurrected their claims, ruling that an employer's violation of the posting requirement may provide a basis for an extension as long as the employees had no other actual or constructive knowledge of the available complaint procedures. (Mercado, et al. v. Ritz-Carlton San Juan Hotel, Spa & Casino, 1st Cir., No. 04-1630, 2005)

Knowledge Is Power

The outcome of this case will depend on whether or not the employees had actual or constructive knowledge of the filing requirements.

Actual knowledge does not mean specific awareness of the 300-day statutory filing period; rather, actual knowledge occurs when an employee becomes generally aware that he/she possesses a legal right to be free from the type of discrimination alleged.

Constructive knowledge would have been presumed, according to the court, if the employer had complied with its statutory obligation to post EEOC notices in conspicuous locations. The court also indicated that a handbook provision advising employees of their right to seek redress in the event of perceived discrimination also constitutes sufficient notice.

Final Reminder

It's essential that you not only comply with all federal posting requirements, but state requirements as well. To view your state's most current posting regs, visit: http://www.ahipubs.com/posters/index.html.

BREAK TIME: IF EMPLOYEES MUST STAY, DO YOU HAVE TO PAY?

Many employees use their lunch breaks for anything but eating. Some pick up dry cleaning or go to the gym. Others get their cars serviced. Still others go out just to get fresh air. If you have a rule...View the full story on our website.

FREE REPORT OF THE MONTH:

Check out the 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.

Kick back, relax, and take a few minutes to check out the new HR Soapbox, "Stress? What Stress?" in which an editor discusses some stress-relieving strategies.