HR Solutions: Sound HR practices prevent disability lawsuits

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Lynne Haggerman is president/owner of Haggerman & Associates, a firm providing outplacement, retained search and management consulting/training on human resource issues.|ret||ret||tab|

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Organizations with 15 or more employees must comply with the federal Americans with Disabilities Act of 1990, Title I. A similar state law covering disabilities is the Missouri Fair Employment Practices Act. Compliance is required for employers with at least six staff members.|ret||ret||tab|

Discrimination and harassment are not allowed against qualified individuals with a physical or mental impairment that substantially limits one or more major life activities. Employment opportunities may not be denied due to marriage or association with the disabled. In addition, there may be no retaliation against a person filing a charge, participating in an investigation or opposing discriminatory practices. |ret||ret||tab|

An applicant or team member is considered disabled if he is disabled, has a record of being disabled or is regarded as being disabled. The ADA does not protect a worker who is able to control a condition with corrective measures. However, if the effectiveness is lost, he is able to re-qualify under the ADA. Minor, chronic conditions of short duration are not covered. |ret||ret||tab|

The associate must be able to perform the essential functions of the position with or without reasonable accommodation, a topic to be discussed in a future article.|ret||ret||tab|

Several sound human resource practices will minimize lawsuits. Ensure job advertisements and recruitment practices do not contain any discriminatory language. Be prepared to reasonably accommodate the disabled throughout the selection process. Create a job description for each position. Include essential functions and physical requirements. Focus on the results of each function, not just how the duty is performed. Once readied, keep job descriptions up-to-date.|ret||ret||tab|

Confirm the completion of applications by all outside candidates. Provide job descriptions and obtain applicant and employee signatures attesting that the job description is understood and the essential functions can be performed with or without reasonable accommodation. Consistently provide information to applicants. Do not write on documents submitted by job or promotion seekers. |ret||ret||tab|

Document nondiscriminatory reasons for rejecting candidates during the paper-screening process. If telephone screening is conducted, take notes on conversations and write nondiscriminatory reasons for failure to pass at this stage. |ret||ret||tab|

Write out interview questions and ask the same questions of those applying for the same jobs or job categories. Do not ask any questions regarding physical or mental conditions. It is hard to prove disability is not a hiring factor if discussed. Take notes and assign numerical ratings to each selection criteria. Document the nondiscriminatory reason why every person interviewed was not hired or promoted. |ret||ret||tab|

Note why a staff member was selected for training programs. Base the content of an employee's performance evaluation on the information contained in his job description. Develop a schedule and conduct reviews on a regular basis. Utilize a numerical scale to rate each criteria. Write why he received the raise he did. Perform regular salary adjustment audits to ensure nondiscriminatory reasons for pay increases, such as seniority systems or merit systems based upon performance, with objective, written standards.|ret||ret||tab|

Create progressive discipline policies and apply consistent disciplinary practices. Render the same discipline for the same offenses. Develop forms to detail unacceptable behaviors by laborers, standards expected and consequences for noncompliance. Prepare written information about investigations and counseling sessions. |ret||ret||tab|

Document nondiscriminatory reasons for demotions, layoffs and recalls. Obtain letters of resignation detailing reasons and last date of employment. Note any changes.|ret||ret||tab|

An excellent way to establish good faith efforts to prevent discrimination is to require management training of new, current and promoted supervisors. Sound, standardized practices remain another key to effective compliance, since inconsistent treatment is the basis of many legal problems. Accordingly, be sure to prepare and consistently follow written policies and procedures. |ret||ret||tab|

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