Protect your practice with fair, consistent treatment of employees

ATLANTA – Using job descriptions and an employee handbook can help you manage your practice within the law, according to a speaker here at SECO.

Shauna Harrington, SPHR, senior director of workforce development for VSP Global, told attendees to carefully select the questions you ask potential and current employees.

“Is it job related?” she said.

Questions directed at a disabled person must be tailored to the job and not to their disability.

You can ask: “Are you able to perform the essential functions of the job with or without reasonable accommodation?” she said.

“That’s why a job description is important,” she added.

Shauna Harrington

Anyone with a disability must be accommodated in the workplace “so they can be the best worker they can within reasonable standards,” Harrington said.

For those who claim disabilities that are not apparent, you are entitled to ask for a doctor’s note and documentation to prove it, she said. Document any discussions you have with the date, time and signature.

Harrington “highly recommended” having an employee handbook. Most human resource organizations can provide templates, and resources exist online.

Be sure that your policies are administered fairly, your procedures are followed consistently and you are “practicing what you preach,” she said.

Your policies, handbooks and job descriptions can also protect you against discrimination, Harrington said. You have the burden of proof, she noted; you must prove you haven’t discriminated if you are accused of it.

Employers are legally required to investigate claims of harassment and take them seriously, Harrington said, noting that HR investigations can be outsourced.

“To be considered harassment, it must be severe and pervasive, based on a protected class and must adversely affect working conditions,” she said. “The courts consider: Would a reasonable person consider this harassment?”

Practice prevention, she advised.

“Treat people consistently and clearly. Be fair and timely in making decisions. Practice inclusive and ethical leadership; make people feel included,” she said. “When you make a decision or change in the office, explain why you’re doing it so employees don’t make their own stories.”

Document all feedback and discussions, she continued.

“I keep a notepad in each employee’s file so I can make a quick note on it,” Harrington said. “It looks fishy if you don’t have any documentation. State the facts; don’t make judgments. Discuss specific behaviors instead.”

Resources include: www.dol.gov, state websites for employment law, HR organizations, SHRM.org, chambers of commerce, local universities, HR consultants and the Internet. – by Nancy Hemphill, ELS, FAAO