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HR Wheel for Recruitment Services from Clark Schaefer Strategic HR.

What Are Allowable Religious Requirements for Hiring?

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HR Question:

When hiring for my religious-based organization is it legal for me to require candidates to be of the same religion?

HR Answer:

While religion is protected under Title VII, there is a Religious Organization Exemption that permits religious organizations to give employment preference to members of their own religion when hiring. This exemption only applies to organizations that can ‘define’ their religious association through articles of incorporation, religious day-to-day operations involving services, products, or education (such as a church or school), non-profit status, or an affiliation with or support from another religious organization.

This exemption does not allow religious organizations to discriminate on the basis of age, gender, race, color, national origin, or disability – even when the religion has, as a tenet of its beliefs, an element of discrimination (such as not associating with people of other races).

If your organization has a “purpose and character that is primarily religious,” then you can prefer to hire individuals that meet your religious needs.

Recruitment isn’t just a matter of finding and hiring the right person. There are scores of regulations that must be adhered to or you risk stiff fines or penalties. Strategic HR specializes in helping companies recruit and retain a talented workforce while keeping an organization compliant. Visit our Recruitment page to learn how we can help you hire safely.

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Just Cause Termination

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Question:

Can you terminate a stock room employee for failing to find a piece of needed equipment that he could not locate in the drawer when we had six on hand? He said we didn’t have the part when in fact we did.

Answer:

In an at-will State, an employer can terminate an employee for a bad reason, a good reason, or a silly reason – as long as the reason isn’t against the law. In your situation, the employee displayed either incompetence or inattention to detail and could in fact be fired for this reason alone. The qualifier in this, or in any case of termination, is whether the employee is being discriminated against because of age, race, religion, gender or disability. Each of these factors is covered by protective labor laws such as Title VII of the Civil Rights Act. Specifically, if employees who are Caucasian, for instance, are not fired for the same offense but only Black men, or Hispanic women, or people over 40 are fired there might be a case of (illegal) discrimination.

The deciding factor in a discrimination case is the answer to the question: was the employee fired for just cause (i.e., not locating a part and perhaps causing a lost customer) or fired solely because of race, color, etc.? To prove a just cause case you better be able to explain who, what, when, where, and why something occurred. Do you know why this person couldn’t find the part? Were they properly trained? Can you prove they were properly trained? Was there an investigation that can show that they knew what they were supposed to do and how to do it but just “didn’t do it”?

Bottom line – do a thorough investigation and make sure you have solid documentation. Without it any reason, or no reason, terminations are more likely to become discrimination lawsuits.

Terminations are one of the most difficult aspects of Human Resources. Even when justified it can be difficult to let someone in the workforce go. When not justified they can be a risky move for any company. Strategic HR can walk you through a termination, assist with the investigation and provide a third party objective look at each case. Visit our Employee Relations page to see how we can assist you with employment issues.

 

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Why Harassment Training is Important

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Question:

Why should I conduct harassment training? It just puts ideas into the heads of my employees.

Answer:

Contrary to your statement, employee harassment training doesn’t just provide employees with information to help them pursue a harassment charge or to harass others and avoid being charged. It is a valuable tool that can be used to help provide awareness of activities that are not considered professionally acceptable at work – think instead, business etiquette training. How often do you see employees doing things considered unprofessional while on the job? Whether it is improper business communications, HIPAA and privacy violations or simply inappropriate gossiping, many employees don’t come pre-wired to know what is acceptable in the workplace and what is not. Unless you train them they may not ever know and that can get you into hot water.

So what is the harm in a little water cooler banter and light teasing between cubicle-mates? First of all, think about bullying in school; it often escalates. Something may start out small, but before you know it the molehill had grown into a mountain and what started out as harmless fun suddenly turns into a prank that embarrasses or hurts another’s feelings. When the fun turns ugly the resulting atmosphere can create an unfriendly work environment that leads to low employee morale, low productivity and, if word gets out, a disastrous public image – one that drives customers and business away.

In addition to an unprofessional workplace, not taking an aggressive stance on harassment, and not being proactive in training employees about harassment, can result in costly lawsuits. Sexual harassment is considered a civil rights violation under Title VII of the Civil Rights Act of 1964. It is applicable to any employer that employs 15 or more employees and mandates:

  • No rude, insensitive, or abusive behavior of any kind should be tolerated, even if it falls short of illegal harassment.
  • Managers and supervisors play a critical role in identifying harassment, investigating incidents, taking corrective action, and enforcing company policy.

An employer can be held legally responsible for the actions of its employees or if the company engages in sexual harassment when hiring employees. In the long run it is less expensive to implement harassment training, create harassment policies and foster a no-tolerance workplace than to defend yourself from one harassment lawsuit – whether or not you prove to be at fault. By creating specific harassment policies and providing and documenting harassment training employers can decrease their chances of litigation, and if taken to court will help prove that employees have been made aware of the company’s stance toward harassment.

Also keep in mind that while federal law advises periodic harassment training, some states may require such training. For example, in California employers with 50+ employees must provide two hours of sexual harassment training for supervisors every two years. Be aware of the specific requirements of your state or locale when it comes to harassment and educating your employees.

Are you overdue on harassment or other annual training? Does your current training curriculum need to be refreshed to reflect changes in company policy or legal requirements? Strategic HR has the expertise and resources to help. Visit our Training & Development page to learn more.