Employment Law Updates

HELICOPTER PARENTS LAND AT HR

Parents who have hovered over their children into their college years are showing up at recruitment fairs and job interviews, and employers are feeling the pressure:  HR managers are reporting that parents are calling companies to ask recruiters to hire their 20-something children; and candidates are stalling on job offers specifically to buy time to consult with their parents, who then call the employer to renegotiate offer packages.  Later, parents will call to protest negative comments on their offspring’s evaluations, or inject themselves into harassment investigations.  In most situations, calls from parents should be handled by reminding the parent that the company has an employment relationship with their “child” and that information surrounding that relationship is confidential.

AN EMPLOYEE'S ABILITY TO REPORT DEPENDS ON YOU

“Coulda, woulda, shoulda.”  That’s the message from an Oregon federal court judge, who recently ruled that an employer sued for sexual harassment cannot defend the claim by arguing that the victim failed to report offensive conduct unless the employer can establish that (i) its anti-harassment policy includes instructions for reporting, and (ii) the policy was disseminated to the employees before the need for reporting occurred.  We recommend that you review your sexual harassment policy to make sure it includes instructions for reporting, and that the reporting process is not too burdensome for employees.  For example, employees should be able to report verbally or in writing, and while the employer may prefer to direct complaints to a particular staff member, the policy should state that the employee may report to any member of management.  Also, review your procedure for disseminating your anti-harassment policy.   Make the policy part of your employee handbook and require the employee to sign an acknowledgement of receipt, or provide the policy with a signature page as part of the orientation process.  However you decide to disseminate it, make sure you can show that the employee “shoulda” reported it!