HR Handbook:Equal Employment Opportunity and Anti-Harassment Policies

By Peter J. Ennis, Esq., Buchanan Ingersoll & Rooney, PC

peter.ennis@bipc.com

Peter Ennis

Peter Ennis

For employers who do not want a formal employee handbook, the two policies I recommend having are an equal employment opportunity (EEO) policy and a policy prohibiting unlawful harassment.  While there will not be many occasions where an employer will use an EEO policy in an affirmative manner, most, if not all, employees expect their employer to adhere to such policies.  On the other hand, the failure to have a policy and/or a policy that is poorly written will be used against the employer in any discrimination claim.

In regard to anti-harassment policies, some employers think that such behavior will not occur in their workplace and, if it does, they will be able to take care of it.  One thing I have learned in 30 years of representing employers is that anyone can engage in unlawful harassment, regardless of their position, education or job duties.  The failure to have a policy will be used against an employer faced with such charges, particularly where an employee says that s/he did not know what to do when faced with unlawful discrimination or harassment.  Therefore, it is important for employers to have written policies on both topics.

Information to Include In an EEO Policy

An EEO policy can very short.  It has to address three topics.  First, it should say that the employer is committed to being an equal opportunity employer.

Second, it should prohibit “unlawful” discrimination on the basis of any protected  classification, and the key classifications applicable in your state or municipality should be listed.  This includes race, color, sex, national origin, age (40 and over), disability, and the catchall “or any other classification protected by law.”  An example where a particular state or municipality can make a difference is the City of Pittsburgh.  If your business is in Pittsburgh, then I recommend adding “sexual orientation” to that list because there is a City Ordinance prohibiting such discrimination and it is important that both management and employees be aware of it.

I put “unlawful” in quotes in the preceding paragraph because there may be situations where an employer discriminates for or against some employees, but that would not be unlawful.  For example, older employees can be treated differently in some situations in terms of life and disability insurance.  In addition, employers may be required to discriminate in favor of disabled employees by giving them some accommodation that would not be given to other employees.

Third, the policy should say that the prohibition against unlawful discrimination applies to all terms and conditions of employment, and a representative list of those terms and conditions should be included.

 

Information to Include In an Anti-harassment Policy

Many employers combine their EEO and anti-harassment policies.  If you draft a separate policy, it should define harassment as a form of unlawful discrimination which is prohibited and it should list all of the protected classifications listed in the EEO policy.

Many employers use the EEOC’s definition of harassment or sexual harassment in their policies (e.g., the EEOC refers to severe and pervasive conduct, and with sexual harassment refers to such things as where submission to such behavior is made the basis for some term or condition of employment, such as a raise or a promotion).  I do not like using such language because the EEOC is defining a standard for purposes of liability, while an employer’s policy should be intended to create a zero tolerance workplace.  In other words, even though conduct may not be the basis for liability under the EEOC’s definition, it could still constitute a violation of the employer’s policy.

Next, the policy should say that it applies to harassment by anyone who comes into contact with employees, from officers and directors of the company to visitors and vendors.

I think it is a best practice to say that management may ask that any complaint be put in writing (although do not make that a requirement).  In addition, an anti-harassment policy must identify the names of positions to whom complaints can be brought.  Many policies say that the employee can talk to his/her supervisor.  I do not think such policies are wise because supervisors are usually ill equipped to deal with such complaints.  Therefore, I try to limit it to a few people of different genders who are given training on how to handle and investigate such complaints.

The policy should say that all complaints will be investigated “promptly” and in as confidential manner as “reasonable.”  Some policies refer to “immediately” and/or in as confidential manner as “possible.”  Those standards are not required by the law and are rarely followed.  Therefore, they create false expectations for both sides and can be used against the employer.

The policy should state that, based on the investigation, appropriate “corrective action” will be taken up to and including discharge.  I do not use the phrase “disciplinary action” because, in some circumstances, formal discipline may not be imposed.

Finally, the policy should prohibit retaliation against anyone who files a complaint in good faith.

 

Are There Downsides to Having an EEO or Anti-Harassment Policy?

No.  Such policies cannot be used against an employer unless the employer fails to comply with the policy.  In such cases, however, it is not the policy that is the problem, it is the employer’s conduct.

 

Best Practices in Drafting an EEO or Anti-Harassment Policy.

I have tried to set forth the best practices above.  The one thing I would add is that it is not enough to have a policy.  The policies have to be distributed to employees, the employer needs to be able to prove that the employees received them, and the employer has to provide regular training to its managers and employees on the policies, and additional training to any manager or HR professional who may be involved in receiving and investigating a complaint.

Winners Announced at Pittsburgh Technology Council’s 2013 Design, Art and Technology (DATA) Awards Gala

The Pittsburgh Technology Council (PTC) announced the winners of the 5th Annual Design, Art and Technology (DATA) Awards at the event gala last evening. The gala was hosted by journalist, author, filmmaker and former CNN Bureau Chief Chip Walter and featured more than 40 of the year’s most inventive art and technology projects.

New to the event this year was an interactive element that allowed the public to vote and determine the winners. This year’s winners included:

 

  • i-CON: Apps & Information Architecture Award – Highmark + United Concordia: Chomper Chums

 

  • Next Generation: Kids & Creative Technology Award – The Center for Creativity: TransformED

 

  • Maker: Design & Art Award Teletrix: Radiation Training Simulators

 

  • Media Arts: Interactive + Multimedia Award Fireman Creative: Ricky’s Dream Trip

 

  • Joystick: Gaming Award Schell Games + Yale University: PlayForward

 

  • Student Award – Carnegie Mellon University: Floria

 

  • People’s Choice Award – WQED Multimedia + SLB Radio Productions: iQ Kids Radio

 

The event also included an interactive exhibition party after the awards ceremony, where guests were able to interact with the innovative entries and creators. Guests also participated in a raffle of two pieces of art by Sandy Kessler Kaminski, the Art + Tech artist who created the DATA awards artwork for a number of years.

“This year’s event was definitely one of the best we’ve had so far,” said Audrey Russo, President and CEO of the PTC. “From the high level of innovation among Pittsburgh’s tech mavericks, to the new interactive public voting process, it was a bigger, better DATA Awards.”  

TrueFit Acquires Gist Design

TrueFit, a leading innovation firm which helps entrepreneurial start-ups and enterprises of all sizes bring new technology product ideas to market, today announced the acquisition of Gist Design, an award-winning user experience design firm based in Pittsburgh.

Founded in 2002 by a seasoned team of designers from Carnegie Mellon University’s renowned School of Design, Gist has built an impeccable record of innovative product development with some of the world’s leading technology companies including Samsung, Precor, Kodak and BodyMedia. The company’s work has been featured in the New York Times, Wall Street Journal and Wired, among other publications.

“We are thrilled to have Gist join TrueFit,” said Darrin Grove, TrueFit Chief Executive Officer. “It’s a natural pairing; the Gist team brings proven experience in innovation, design and research across a wide spectrum of web, mobile and embedded solutions. We’re perfectly aligned on culture, and our combined services offer a holistic value proposition impacting all facets of innovation research, design and development.” Working on a number of joint projects in the past, TrueFit and Gist have proven to be like-minded innovation partners.

“Gist Design operates from a human-centered design mindset in order to better listen to and understand people, and create meaningful experiences that resonate at an emotional level,” said John Beck, Gist Founder & President. “We share TrueFit’s passion for building disruptive commercial products that enrich the world. By integrating our design and development teams around human-centered innovation processes, we will build continued momentum for TrueFit and the region overall. It is exciting to see it come together.”

An additional benefit of the acquisition gives TrueFit, which recently won The Pittsburgh Technology Council’s Tech 50 Award for New Media Company of the Year, an immediate answer to the company’s planned expansion into downtown Pittsburgh. TrueFit will begin hosting client-facing workshops and events at the former Gist design and research studios in Downtown Pittsburgh effective immediately.

“The melding of Gist and TrueFit is a transformative moment for the innovation ecosystem here in Pittsburgh,” said Christopher R. Evans, TrueFit Vice President. “The collective strengths we offer in all facets of product research, design and development will have a significant impact on innovation and entrepreneurship throughout the region. The integration of Gist’s research and design skill set into ours will go a long way towards helping our clients manage the risks inherent in innovation. We are also thrilled to launch our second location downtown to be even closer to TrueFit’s vital ecosystem partners, including universities, incubators and accelerators. This acquisition also enables us to serve our larger, national clients in more comprehensive ways.”

Wombat Security Technologies Wins 2013 “Hot Company” Award

Wombat Security Technologies (Wombat) today announced that Network Products Guide, the industry’s leading technology research and advisory guide, has named Wombat a 2013 “Hot Company” winner in the 8th Annual 2013 Hot Companies and Best Products Awards. These industry and peer recognitions from Network Products Guide are the world’s premier information technology awards honoring achievements and recognitions in every facet of the IT industry.

Wombat continues to drive the IT security market forward by delivering innovative products that help businesses educate employees how to avoid growing cyber security threats and ultimately strengthen their company’s security posture. Wombat has consistently delivered industry-first products, including a USB simulated attack service and a SMS phishing simulation service in 2013. Wombat also introduced a suite of compliance training products, with Personally Identifiable Information (PII), Payment Card Industry Data Security Standard (PCI DSS) and Data Protection and Destruction. In addition, the company continues to spearhead ongoing research and innovative tools that are that are setting a higher bar for the industry while helping today’s most influential Chief Security Officers (CSOs) protect their businesses against advancing security threats.

Most recently Wombat released a groundbreaking report that gathers and analyzes the front line observations of security leaders from the major vertical sectors are who are using a relatively new approach to user awareness: simulated attack training: http://www.wombatsecurity.com/phishing_attack_report. “This esteemed industry and peer award recognition of Wombat as a ‘Hot Company’ by Network Products Guide is a great honor,” said Joe Ferrara, Wombat President and CEO. “This award further validates our leadership position within the anti-phishing and cyber security awareness market. We offer the most comprehensive solution to train and test employees about phishing attacks and other cyber security threats.”

An annual achievements and recognition awards program with active participation from a broad spectrum of industry voices, the coveted annual Hot Companies and Best Products recognition program encompasses the world’s best in organizational performance, products and services, hot technologies, executives and management teams, successful deployments, product management, engineering and customer satisfaction in every area of information technology.

“Wombat Security continues to show tremendous growth and product innovation. Wombat’s solutions are meeting their customer’s needs and it shows in the strong demand for their offerings and the world-class companies they serve,” said Rich Lunak, President and CEO of Innovation Works, one of the most active seed-stage investors in the nation.

PITTSBURGH INTERNATIONAL AIRPORT APP NOW AVAILABLE ON ITUNES

Pittsburgh International Airport has a new mobile application for iPhone and iPad users. The Pittsburgh International Airport mobile app provides visitors with instant access to arriving and departing flight status and airport information, such as the status of airport parking and the wait at the security checkpoint.

“Just in time for the busy summer travel season, the Pittsburgh International Airport App can help travelers tackle just about any problem that might arise at or on the way to the airport. From finding parking to giving you early gate information, it is a tool that can save your vacation!” said David Minnotte, chairman, Allegheny County Airport Authority.

Additionally, it provides information on AIRMALL shopping and dining as well as links to car rental and airline websites. The app also provides an opportunity to submit feedback to the airport.

For information on how to download the app, go to www.FlyPittsburgh.com.