Employment Practices Loss Prevention Guidelines - Chubb Group of ...

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unlawful disability-related inquires, such as questions about an applicant’s health, disabilities, and past history of workers’ compensation claims. The EEOC, which enforces the ADA, regards the following questions as likely to elicit information about a disability, and therefore illegal to ask in a job interview: ■ Do you have a disability? ■ Have you ever been injured on the job? ■ How many days were you sick last year? ■ Have you ever been treated for mental health problems? ■ Have you ever been treated for epilepsy, AIDS, HIV-infection, cancer, or heart disease? ■ What medications are you currently taking? ■ What is your history of filing workers’ compensation claims against previous employers? ■ Do you have any health-related problems that may impair your ability to perform the job? ■ Do you need a reasonable accommodation? Although some subjects are obviously taboo under the ADA, a manager can ask about particular subject matters in an appropriate manner. These are examples of proper and improper questions about the same subject matter under the ADA: 38
Proper Question The position you have applied for requires driving a vehicle in the evening. Can you drive at night? The position you have applied for requires frequent lifting of 25-pound barrels on a loading dock. Can you carry 25 pounds for 10 yards on approximately an hourly basis every workday? The position you have applied for requires considerable travel. Can you travel on a regular basis? This is a demanding job you have applied for at the company. How well can you handle stress? Improper Question Do you suffer from night blindness or some other visual impairment that prevents you from driving at night? Do you have a physical problem that would prevent you from carrying 25 pounds for 10 yards on approximately an hourly basis every workday? Do you have a physical or mental impairment that might prevent you from traveling on a regular basis? Have you ever sought treatment for an inability to handle stress? A final consideration for hiring is language proficiency. Managers are often surprised to learn that English language proficiency can be an unlawful hiring criterion. A ban on hiring applicants who cannot speak or write fluent English may constitute national origin discrimination unless the rule is justified by business necessity. Management personnel must be aware of the job requirements of any position for which an applicant is applying. If the job requires English language proficiency, then and only then should this be a hiring criterion. Interviewer notes—Any documentation or notes compiled during an interview should be separate from the application/resume and should focus on job-related information learned during the interview. Interviewers should never note an applicant’s race, age, national origin, etc., or use a code/symbol for any of these categories. Racial identification and tracking of job applicants for affirmative action and EEO reporting and record-keeping purposes should be done by visual identification or voluntary selfidentification on a separate form. Hiring decision makers should be screened from this information. Notations concerning an applicant’s race or color should never be made on a resumé or application form. 39
Page 1 and 2: Employment Practices Loss Preventio
Page 3: EMPLOYMENT PRACTICES LOSS PREVENTIO
Page 6 and 7: Intentional Infliction of Emotional
Page 8 and 9: Responding to Post-Termination Issu
Page 10 and 11: OVERVIEW: FEDERAL LAWS THAT GOVERN
Page 12 and 13: the employer determines the maximum
Page 14 and 15: in favor of relatively older worker
Page 16 and 17: The ADA applies to employers that h
Page 18 and 19: to health benefits while on FMLA le
Page 20 and 21: Employees alleging violations of th
Page 22 and 23: encourage employers to hire more wo
Page 24 and 25: STATE STATUTES AND LOCAL ORDINANCES
Page 26 and 27: STATE COMMON LAW EMPLOYMENT CLAIMS
Page 28 and 29: employees only for good cause; and
Page 30 and 31: The risk of invasion-of-privacy lia
Page 32 and 33: Intentional Infliction of Emotional
Page 34 and 35: RECRUITING AND HIRING EMPLOYEES Bef
Page 36 and 37: allows human resources to accuratel
Page 38 and 39: employers from taking adverse emplo
Page 40 and 41: ■ Tell me about a time when you h
Page 44 and 45: Investigating Candidates for Employ
Page 46 and 47: ■ Investigative consumer reports:
Page 48 and 49: Hiring an Applicant The actual hiri
Page 50 and 51: work in the United States and shoul
Page 52 and 53: stage. However, the EEOC has indica
Page 54 and 55: ■ Other considerations—All resu
Page 56 and 57: applicants or employees to take a p
Page 58 and 59: Island, Vermont, Virginia, and Wisc
Page 60 and 61: Rules for Claims of Sexual Harassme
Page 62 and 63: genuine but innocuous differences i
Page 64 and 65: employees from making complaints. A
Page 66 and 67: Several states, including Californi
Page 68 and 69: ■ Pin down the complainant’s ve
Page 70 and 71: on an electronic message board that
Page 72 and 73: PERSONNEL POLICIES AND EMPLOYEE HAN
Page 74 and 75: clearly identify which employees ar
Page 76 and 77: ■ Probationary periods—Many emp
Page 78 and 79: EMPLOYEE EVALUATIONS There are comp
Page 80 and 81: ■ Allow employees to appeal poor
Page 82 and 83: Similarly, the criteria for evaluat
Page 84 and 85: Limited Access to Evaluations Limit
Page 86 and 87: DISCIPLINE AND CORRECTIVE ACTION Ge
Page 88 and 89: Suspension—This form of disciplin
Page 90 and 91: clearly identified. They also shoul
Page 92 and 93:
It is critical for an employer to e
Page 94 and 95:
the employee attempts to challenge
Page 96 and 97:
I cannot provide you with any infor
Page 98 and 99:
c) It does not seek a waiver of any
Page 100 and 101:
LAYOFFS AND REDUCTIONS IN FORCE Wor
Page 102 and 103:
eappear as damaging impeachment tes
Page 104 and 105:
■ Watch out for alleged salary di
Page 106 and 107:
need to take any action to be inclu
Page 108 and 109:
affects their everyday work lives.
Page 110 and 111:
sign or accept proposed ADR agreeme
Page 112 and 113:
privileges, however, may be waived,
Page 114 and 115:
Can demonstrate that employee was t
Page 116 and 117:
Record-retention and destruction po
Page 118:
INFORMATION ABOUT THE AUTHORS About
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