FosterThomas Blog

Sexual Harassment Policy- From Defense to Offense

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The recent case of Hewlett-Packard’s CEO Mark Hurd has made not only HR headlines, but national news headlines.  In the HR world, it has provided a real life example of how sexual harassment in the workplace extends beyond “regular” employees – in this case, to outside contractors.  The implications from this case also emphasize the need for employers to be pro-active in their sexual harassment prevention programs.

As Fall approaches, employers should realize that "offense" and "defense" are not just terms used to describe their favorite NFL teams.  An article I read recently about the aftermath of the HP case stated that "the best offense is a good defense".  This article discussed the need to create a sexual harassment policy that:

• clearly defines what will not be tolerated
• how to report incidents
• and how investigation will occur

The article also recommended administering annual training sessions on sexual harassment – what it is, how to avoid it and what to do when and if it occurs.  It indicated that separate training should be conducted for managers and supervisors to ensure that they understand the procedure and their role in handling complaints. 

I have conducted many sexual harassment training programs for companies while employed with FosterThomas that do just as the article outlined.  And although the sessions may sometimes start out awkward because it’s a topic that most do not feel comfortable talking about – and although there may be a few snickers along the way when we discuss examples – the end result is the same… all employees leave that training understanding what is and is not acceptable workplace behavior. 

Federal law does not require Supervisor or employee sexual harassment training, however several states have enacted legislation either requiring or encouraging employers to provide such.

Some states even outline details regarding what needs to be covered in such training and how long the training needs to be.  Additionally, federal contractors are required to have a strong sexual harassment policy/program and to ensure that all employees are fully aware of such program – this is most often achieved through sexual harassment training.

The Equal Employment Opportunity Commission (EEOC) is responsible for conducting enforcement litigation for Title VII of the Civil Rights Act of 1964.  With respect to sexual harassment, the EEOC states that “prevention is the best tool to eliminate sexual harassment in the workplace.  Employers are encourages to take steps necessary to prevent sexual harassment from occurring.  They should clearly communicate to employees that sexual harassment will not be tolerated.  They can do so by providing sexual harassment training to their employees and by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.” 

The HP case highlights the extended liability companies face when it comes to sexual harassment.  And going back to that original quote – “the best offense is a good defense”.  I think the reverse of that quote is also applicable.… the best defense is a good offense… strong, clean policies and corresponding training and the ability to show that all complaints from all persons (employees, applicants, vendors, contractors) were acted upon diligently and consistently following workplace policy guidelines.

Being able to demonstrate this defense if an employee’s behavior goes astray may help protect employers from expensive and time-consuming litigation.

Written by:  Cheryl Nathan, Director HR Services

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Foster Thomas is the Mid-Atlantic region’s leading HR Management Consulting organization.  With over 17 years of experience providing best-in-class HR-focused professional services, Foster Thomas creates custom scalable HR solutions for emerging and mid-sized organizations, government contractors and non-profits.

HR Staffing: Top 10 Qualities I Look for in a Candidate

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When you get to the screening and interviewing stage in your talent acquisition process, you start to rate candidates by more than just skills and qualifications laid out on a resume.  You now are interacting with the individual and assessing them on a personal level.

When you prepare for interviews and decide upon the questions you will ask, make sure to think about more than just actual job duties.  Think about questions that will help you determine if this candidate will be a fit with the:

• culture of the company
•  dynamic of the team
• and your management style 

Many hiring managers and recruiters believe it’s imperative to identify the weaknesses or areas for improvement of each candidate and then decide if you can have any impact in those areas. 

For example:  a candidate may have the qualifications to do the job,  but what if they wouldn’t be a fit personality-wise with your team-- or you’ve realized your management style wouldn’t have an impact on them.  Are these areas that you could impact?  Is it worth your time to even try? 

What do you think are some of the most important character-related attributes a candidate should have to help ensure they will be an “A Player”?  

These are some of mine:

1. Respectful of others
2. Trustworthy
3. The ability to learn quickly
4. Dedicated
5. Positive Attitude
6. Multi faceted Communication Skills
7. Initiative and Drive
8. Problem Solver
9. Creative
10. Collaborative

 Obviously a candidate needs to be able to fulfill the requirements of the job but don’t forget to take a closer look at your candidates and identify not only who can do the job but who can bring real advantage to your team and firm and be a great person to work with. 

Successful teambuilding starts in the interview.

Written by: Heather Sandell, Staffing Manager

Photo Courtesy of BPSUSF

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Foster Thomas is the Mid-Atlantic region’s leading HR Management Consulting organization.  With over 17 years of experience providing best-in-class HR-focused professional services, Foster Thomas creates custom scalable HR solutions for emerging and mid-sized organizations, government contractors and non-profits.

Your Employee Benefits- Who Wins With Health Care Reform?

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HR Outsourcing- How to Figure out if it's a Fit

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With today’s business challenges, many companies have to make adjustments and work in a more effective and efficient fashion.  A common strategy that  I have seen implemented is the outsourcing of HR functions. 

As the growth and popularity of the HR Outsourcing industry clearly shows, outsourcing has been a very successful approach.  Small to mid size firms routinely find that the use of outside service providers to recruit and hire employees, administer benefits, process payroll, provide training and manage compliance is more efficient and less costly than conducting these functions internally. 

The receding economy has forced many organizations to tighten their belts.  As a result, many overhead functions, especially HR, have been adversely affected. Unfortunately, the importance of managing your human resource functions, maintaining regulatory compliance and servicing your most important asset - your employees, still remains.

HR Outsourcing, the practice of utilizing an outside firm on an ongoing basis to manage and administer your HR functions, has many advantages.  Listed below are some of the top reasons small to mid size companies are outsourcing their HR functions:

• Reduce and control costs - By outsourcing the HR functions, companies can dramatically reduce their overhead costs.
• Level the playing field - Most companies cannot afford to hire Senior Level HR professionals or obtain the systems that larger organizations maintain.  Outsourcing can provide your company with the same level of expertise and efficiencies that larger companies benefit from.  
• Relieve Senior Management's Time - Controller's, CFO's and President's should not be focusing their efforts on managing and administering HR.  Rather, they should be focusing on their core competencies in order to improve and grow the Company.   
• Control Legal Risk / Improve Compliance - There are a myriad of federal and state labor laws that companies must comply with.  The world of human resources is constantly changing and the penalties and fines associated with non-compliance can be devastating to an organization.  It is only prudent to have an experienced and knowledgeable HR professional manage compliance.
• Improve Customer/Employee Service - Employees are a company's most important asset.  It is extremely important to service them well and make sure that they have the proper benefits and support to effectively perform their duties. 

Although the world of human resources has many similarities, every company is unique and has specific needs.  Corporate cultures, business industries and geographic locations are a few major components to consider.  When outsourcing your HR functions it is also extremely important to examine and consider the following:

• Your goals and timeline
• Which functions to outsource and which ones to manage internally
• That are the costs vs. benefits and/or exposures
• The depth and experience of the vendor and their professionals
• How to effectively implement and communicate the services
• The process for monitoring performance and effectiveness  
• The components of the consulting and confidentiality agreements 

It is clear that outsourcing HR functions is a successful approach that many small and medium size businesses have adopted. By taking these overhead functions out of the internal operations, companies have been able to manage their HR in a more efficient and less costly manner.

However, before you engage in any outsourcing service it is important to analyze your situation, determine your needs and effectively implement the required level and type of support that will benefit your organization. 

Written by: Patrick Hill, Executive VP

Photo courtesy of Psyberartist

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Foster Thomas is the Mid-Atlantic region’s leading HR Management Consulting organization.  With over 17 years of experience providing best-in-class HR-focused professional services, Foster Thomas creates custom scalable HR solutions for emerging and mid-sized organizations, government contractors and non-profits.

Egg Recall and Risk Management

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One of the biggest stories that hit headlines in the last few weeks is the recall of almost a half of billion eggs generated from an egg farm in Iowa. These tainted eggs have left thousands sick with salmonella and other side effects. There’s certainly a cost to recall products, but what else?

As stores and restaurants pull cartons from the shelves in order to comply with the FDA recall, what are the risks these non-manufacturers face?

Product liability claims can arise – not only against the egg farmers that manufactured the eggs to over 23 states, but also to any:

• Restaurant
• Grocery store
• Or other establishment that serves a tainted egg

Eating establishments and grocery stores should have a written policy in place about guidelines on what to do for food recalls.

In the case of eggs, this can affect dozens of different menu options as an egg is a key ingredient to many meals.  And what happens if one of these places accidentally serves a brand of egg that has been recalled?   You can imagine that the ill patron will be contacting the restaurant.

That is what happened to one woman in Wisconsin. Now, there is a pending lawsuit on both the restaurant for serving the brand of eggs that was recalled, and the egg farm whom was forced to recall.

This isn’t the only lawsuit in the works. It has been reported that over a dozen lawsuits are pending due to the bodily injury caused by tainted eggs.

If you take this incident and look one step further – what causes eggs to be tainted, and to this magnitude? Most common it is because of unsanitary reasons. When it comes to food safety, I have a hard time coming to grasp to this fact – the egg farmer in the middle of all this, has been cited for safety, health and other violations in recent years. So, why is this farmer still in operation?

The FDA did impose new regulations surrounding egg farms, but only after one of the biggest food recalls ever. Food safety must be recognized as a priority in our country.

This means stricter manufacturing guidelines, certified quality controls, and hardening citations to make food manufacturers fully liable for their product.

How do you feel about food safety and who should be liable?

Sources: NBC, Insurance Journal, CNN

Written by: Sarah Cohen, Director of Risk Management

Photo by: WoodleyWonderworks

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Foster Thomas is the Mid-Atlantic region’s leading HR Management Consulting organization.  With over 17 years of experience providing best-in-class HR-focused professional services, Foster Thomas creates custom scalable HR solutions for emerging and mid-sized organizations, government contractors and non-profits.

Winning Recruitment Processes in Government Contracting

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When it comes to HR Consulting, I am often asked about hiring/recruitment processes in government contracting—so here is an overview of basic guidelines and my personal recommendations.

Companies that enter contracts with the government must meet these basic compliance requirements:

• Federal contractors are governed by the Rehabilitation Act of 1973 Section 503
• The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA)
• Executive Order 11246
• And The Jobs for Veterans Act

These mandates prohibit federal contractors from discriminating and also require contractors to take affirmative action steps to ensure equal employment opportunity in employment.  

Because of this, a well planned hiring and recruitment process becomes critical as contractors must make affirmative action efforts to hire minorities, females, veterans and disabled and must maintain records of those efforts. 

A good hiring and recruitment strategy should begin with:  valid job descriptions.

• Job descriptions assist recruiting with the essential functions that the employee will perform-and the minimum qualifications necessary for the position. 
• Job posting, interviewing and hiring procedures should be well documented.
• To comply with VEVRAA, recruitment and outreach services should be utilized to solicit applications from minorities, women and applicants with disabilities. 

A good applicant tracking system should be in place to record information such as:

• Date of application
• Source
• Position
• Status
• And if not hired, why?

Good applicant information is critical in defending incidents of adverse impact and it is important that recruiters and hiring managers are aware of and trained in the company recruiting policy.  Additionally, it is recommended that organizations train anyone involved in hiring decisions in effective and legal interviewing. 

There are certain precautions that must be taken during the interview stage and there are certain inquiries that are inappropriate (e.g., race, color, ancestry, sex, age, religion, disability, etc). Providing formal interviewing training will help avoid claims of discrimination or differential treatment.  

Written by: Beth K. Bulger, Director, HR Services

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Foster Thomas is the Mid-Atlantic region’s leading HR Management Consulting organization.  With over 17 years of experience providing best-in-class HR-focused professional services, Foster Thomas creates custom scalable HR solutions for emerging and mid-sized organizations, government contractors and non-profits

Interviewing Best Practices for the HR Manager

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What is Your Worst Interviewing Story?

Whether you're a C-level Exec or an HR Manager, anyone who has a history of interviewing candidates has their list of interview killers.  The candidate arrived too late or too early.  They dressed inappropriately, they chewed gum, they spoke about their social life, they asked about salary right away, they were not prepared. 

All of these circumstances can greatly impact our impression of a candidate and thus impact a decision to hire or not.  But you- as the interviewer and a representative of your company- have you ever thought of the impression your interview practices give a candidate?

Employee Benefits- Contraception Coverage Through Reform?

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I believe that health care reform guidelines should include first dollar coverage for contraceptives. 

It’s only common sense to provide this employee benefit to women who may not be able to afford the co-pays or deductibles for these drugs.  I personally know of at least two young women in their early twenties who, even though their employers funded a significant portion of their annual H.S.A. deductibles, still struggled to afford the cost of these oral contraceptives. 

As a result, both of these young women stopped taking their drugs altogether. 

This is disturbing to me because this could easily result in unplanned pregnancies.  Most Americans do not want unplanned pregnancies that could result in abortion, poor prenatal care, or low birth weight.  I see no reason why Americans wouldn’t agree on expanding access to contraception and requiring insurance carriers to cover these out-of-pocket costs for women.  Insurance carriers wouldn’t be put out either as it is only a nominal percent of premiums. 

In fact, it appears the opposite is true – it can actually cost a good deal more if they exclude contraceptive coverage.  As a seasoned employee benefits consultant, I happen to know the average cost of a normal labor and delivery is upwards of $10,000.  This does not include complicated pregnancies, premature births, or c-section section deliveries. 

Take a look at the below statistic cited within this CNN.com article: http://www.cnn.com/2010/OPINION/06/07/sonfield.contraceptive.health/index.html?iref=allsearch

“The two-thirds of sexually active U.S. women who use contraception consistently and correctly account for only 5 percent of all unintended pregnancies and abortions.”

The extremely low unplanned pregnancy rate among women who use contraception properly and accurately is staggering to me! 

To me, this is unarguable and it should be mandated in the upcoming national healthcare reform laws as we all want to see wanted healthy babies being born in the world!

Written by:  Jenn Patton, Sr. Account Manager

Photo by: Gnarls Monkey

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Foster Thomas is the Mid-Atlantic region’s leading HR Management Consulting organization.  With over 17 years of experience providing best-in-class HR-focused professional services, Foster Thomas creates custom scalable HR solutions for emerging and mid-sized organizations, government contractors and non-profits

Liability Risk Management- Expanding Consumer Base Abroad

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It has become apparent that in the last several years, companies are beginning to expand their consumer base internationally. Some reasons I have personally seen:

1. Private companies who have elected to open offices outside the US/ Private companies who simply attend conferences overseas
2. Non-profits who travel to see their mission at work
3. Government contractors who place employees outside the US for work. 

Through my reviews with companies with an international exposure, it has become evident that not all companies realize the increased liability risk to them and their employees. 

Companies purchase a wide array of insurances to protect them including: 

However, did you know that unless you have a specific endorsement on your policy (and even with that, coverage is usually limited), only domestic operations will be covered?

Local laws differ in every country as to whether coverage can be written with a non-admitted carrier vs. admitted (locally written). By operating outside the US, companies are faced with the same if not greater exposures that often go uninsured. The reason why I say greater exposures is because the type of exposure changes to a certain degree outside the U.S.

Suddenly, companies are faced with employees traveling to high risk or third world countries where the country alone creates a higher possibility of loss. Factors that can lead to various types of claims include:

• Security

• Lack of supervision

• Environmental controls

• Disease & Illness, etc.

• International Package (can include General Liability, Employee Benefits Liability, Hired & Non Owned Auto Liability, Hired Physical Damage, Employer’s Liability, and minimal coverage for Kidnap & Ransom and Accidental Death & Dismemberment)
• Kidnap & Ransom
• Business Travel Accident
• Defense Base Act (required by federal law for all government contractors)
• Professional Liability , Directors & Officers, Employment Practices Liability

• Out of country medical
• Emergency evacuation
• Personal effects, etc.

1. Domestic insurance policies do not extend coverage outside the U.S.
2. Companies are faced with different risks outside the US and should ensure they are properly covered.
3. Employees put themselves in greater risk in their travel to foreign countries and need to have access to the same (if not more comprehensive) benefits as employees who work from a US location.

Photo by: Andrei Dimofte

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Foster Thomas is the Mid-Atlantic region’s leading HR Management Consulting organization.  With over 17 years of experience providing best-in-class HR-focused professional services, Foster Thomas creates custom scalable HR solutions for emerging and mid-sized organizations, government contractors and non-profits

Perpetuating the BIGGEST Employee Benefits Myth

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As an employee benefits consultant for the last 13 years, every day I work with small to mid-size companies who are continually trying to battle ever increasing medical and pharmacy renewals year after year as well as trying to remain in compliance with new HealthCare Reform laws.  I can tell you from experience that this is not an easy feat and for those seasoned HR Managers and Employee Benefits Administrators out there who read this article, I am certain you can attest to the ire and fury that wells up in me when I consider the magnitude of wasted health care dollars. 

Milwaukee Teachers Fight for Viagra Drug Coverage- Madison Wisconsin, August 6, 2010 http://www.wisn.com/news/24539429/detail.html

It seems unfathomable that a union would put up such a great fight to retain a drug benefit that would be so costly!  I do not buy their argument that it is sex discrimination against men and that they have a right to have these erectile dysfunction drugs for lifestyle enhancement to be paid for by the insurance carriers and/or the City of Milwaukee. 

In my opinion, this merely perpetuates the old HMO myth that one only has to pay a small co-pay in return for a drug that costs quadruple that!  This is simply ridiculous!

This is simply ridiculous!  The reason the insurance industry has been trying so hard to move us away from the old style HMOs is because we Americans have developed a false sense of security over the last three decades because we have become accustomed to paying such a small share of the actual costs of drugs, physicians’ services, and inpatient hospital stays.  Now, we are paying the price because our healthcare costs have escalated out of control!  This union should concentrate on saving people their jobs rather than filing bogus complaints.

Companies who self-insure, and who offer H.R.A. and/or H.S.A. plans are the answer to our healthcare crisis.  This is going to be the only way we can bail ourselves out of this! This union should concentrate on saving people their jobs rather than filing bogus complaints.

Photo courtesy of Robert S. Donovan

Written by:  Ellie Tonder, Vice President, Operations

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Foster Thomas is the Mid-Atlantic region’s leading HR Management Consulting organization.  With over 17 years of experience providing best-in-class HR-focused professional services, Foster Thomas creates custom scalable HR solutions for emerging and mid-sized organizations, government contractors and non-profits