PCS Weekly - HR Topic
Health, Safety, and Harassment
Maintaining a safe and healthy work environment is critical. Check out insights and updates on health and safety practices below.
Question: How Should I Handle Harassment Outside of Work?
Answer from Kyle, PHR:
Absolutely. It is important to remember that not all interactions between employees take place at work, and these non-work interactions can ultimately affect the workplace, potentially contributing to a hostile work environment.
For example, if an employee made threatening comments about a certain racial group at a social event and these comments were heard by another employee, that employee may feel afraid or unsafe coming into work. Given that employers are required to provide a workplace free from harassment, it’s best to investigate these situations promptly and thoroughly.
You can find more information about harassment and workplace investigations on the platform.
This Q&A does not constitute legal advice and does not address state or local law.
Question: What are the basic steps of a harassment investigation?
Answer from HR:
Investigating a claim of harassment can be intimidating, but we have a great resource available on the platform called Identifying and Preventing Workplace Harassment. For this Q&A, we’ve provided a condensed overview of the steps for an investigation:
Select an interviewer. This person should be an impartial manager, company officer, or HR representative. Ideally, they have completed training on conducting a harassment investigation. They should approach the investigation process with a commitment to being fair and thorough. The investigation should be conducted as expeditiously as possible after receiving the claim.
Conduct interviews and gather evidence. Speak with the employee who made the complaint (if known), the accused employee, and any witnesses named. The questions asked during the interviews should not lead an interviewee toward a particular response and should not be accusatory in nature. The questions should be unbiased, open ended, and prepared in advance; don’t be afraid to ask follow-up questions. Also think about any documents, emails, photographs, videos, etc., that might exist and assist you in coming to a fair conclusion in your investigation.
Make a decision and take action. Once the interviews are complete and all evidence is gathered, decide what the outcome is and document the conclusions and actions taken.
If the company determines that the accused employee violated the harassment or other workplace policy, appropriate disciplinary measures should be taken. What qualifies as appropriate will depend on the severity of behavior.
A summary of the findings should be placed in the accused employee’s file. The accused employee should be reminded that any retaliation against their accuser is unacceptable.
Inform the employee who made the complaint. Alert the complaining employee—and others with a true need-to-know—about the conclusions reached in your investigation. While you don’t need to share the specific disciplinary action taken (if any), the complaining employee should be assured that you took appropriate steps to address the current situation and prevent future harassment. Remind this employee that retaliation will not be tolerated and that they should let you know if they feel they’re experiencing any backlash because of their complaint.
This Q&A does not constitute legal advice and does not address state or local law.
Question: What are whistleblower protections?
Answer from HR:
Whistleblowing occurs when an employee reports wrongdoing (dangerous, illegal, or unethical activity or practices by the company or its employees) either directly to the employer or to an outside authority.
Many laws, including the Occupational Safety and Health Act, consider whistleblowing a protected activity, meaning you can’t lawfully retaliate against an employee for making such a report. If you were to retaliate, for instance, by disciplining the employee or excluding them from promotional opportunities, the employee could file a complaint.
You can reduce the risk of employees “blowing the whistle” to an outside agency or authority by establishing clear internal channels for employees to report issues, addressing these reports promptly and fairly, and having zero tolerance for retaliation.
Employees should feel safe bringing concerns to your attention and be able to trust that you’ll respond appropriately. If they fear that they’ll be punished for raising issues or concerns internally, they may opt instead to report the matter externally. This Q&A does not constitute legal advice and does not address state or local law.
This Q&A does not constitute legal advice and does not address state or local law
Question: We have a longtime employee who’s no longer meeting expectations. The owner is afraid to hold them accountable because they’re over 40 and therefore in a protected class. What can we do?
Answer from HR:
In general, you shouldn’t let an employee’s protected class status deter you from holding them accountable to your performance expectations. After all, everyone belongs to protected classes. Being in one simply means you can’t be treated differently because you’re in that class.
Now, if your organization has a history of bias in the workplace or of holding members of a certain protected class accountable for poor performance when others aren’t, then you’d be looking at a higher risk of a discrimination claim. Assuming that’s not the case, there’s really no cause for alarm.
If you decide to talk to this employee about their performance, don’t reference their age (for example, by openly speculating that their drop in performance has something to do with their getting older). Instead, focus on how their performance isn’t meeting your expectations and what needs to change.
As always, document the performance issues and the steps taken to address them.
You can find more information on protected classes and discrimination on the platform.
This Q&A does not constitute legal advice and does not address state or local law.
Question: A Candidate Told Us They Have a Disability. What Do We Need to Do?
Answer from HR:
We recommend asking if they need an accommodation during the application process, but above all, ensure that having this information doesn’t influence your hiring decision. The Americans with Disabilities Act (ADA) requires employers to provide accommodations to applicants with disabilities if needed to be considered for a job unless the accommodation causes an undue hardship. If the applicant doesn’t need an accommodation, simply continue to focus on the candidate’s skills and abilities relative to the position you’re hiring for.
As you’re likely aware, employers are prohibited from asking about disabilities before offering an applicant the job. As a best practice, you should be asking all candidates—not just those who disclose a disability or appear to have a disability—whether they can perform the essential functions of the job with or without a reasonable accommodation. This can be as simple as adding a question to your job application.
It’s important to not make assumptions about a candidate’s ability to perform their job based on their disability. If a candidate, during the post-offer stage, requests an accommodation to perform the essential functions of their job, then you would engage in the interactive process with them to determine what accommodations may be effective.
This Q&A does not constitute legal advice and does not address state or local law.
Question: We are looking to implement formal training programs. What types of training would you recommend we have for all employees?
Answer from HR:
Employee training is going to vary from industry to industry, but there are some types of training we recommend for all employers:
1. Harassment prevention training explains what harassment is and how to avoid it, how to recognize inappropriate and unlawful behavior, and what the proper channels are for reporting concerns. Harassment prevention training is required in certain cities and states.
2. Workplace safety training helps ensure that everyone understands the importance of a safe working environment, how to maintain a safe environment, and what to do in the event of an emergency.
3. Cyber-security training helps protect company data from cyber threats. It teaches employees how to implement practices like strong passwords, how to recognize threats like phishing emails, and what to do in the event of a security breach. It’s a good training to conduct regularly as threats evolve and new practices become necessary.
4. Job-specific training ensures that each employee has the necessary skills and knowledge to perform their tasks safely and effectively.
5. Personal and professional development programs focus on improving skills, facilitating career advancement, and preparing employees for future openings and roles in the company.
6. Leadership and management training is a good idea for everyone in or going into a leadership role. This training covers essential leadership skills like effective communication, decision-making, performance management, aligning individual and team goals, and delegation.
This Q&A does not constitute legal advice and does not address state or local law.
