IN THIS ISSUE:

1. Feature Story: Time To Resurvey Employees For 2008 EEO-1 Report

2. Cathie's Corner: HIPAA: The Mother Of All Misunderstandings

 
3. E-Mail's Impact On Attorney-Client Privilege 

4. Free Report: Telecommuting: A 21st Century Reality

5. HR Soapbox: Guns In The Workplace: A Very Real Job Hazard 

AHI's We Couldn't Make This Up

It's commonly warned, "Don't let the power go to your head." One Nevada judge apparently didn't heed the warning. According to her former bailiff, the judge, who uses a motorized scooter to get around, made him put her shoes on, massage her back, cover her with a blanket for naps, and make sure her oxygen tank was filled. She also surrounded herself with her own hired guards, and allegedly had her husband sworn in so that she could ask him under oath if he had completed chores at home. She has since been suspended and accused of judicial misconduct.

1. FEATURE STORY:
TIME TO RESURVEY EMPLOYEES FOR 2008 EEO-1 REPORT

If you're a private employer with 100 or more employees, or a federal contractor with 50 or more employees and a contract of $50,000 or more, the September 30 deadline to submit the 2008 EEO-1 survey is fast approaching. Although the EEO-1 form was revised for 2007, employers were not required to resurvey their employees last year. This year, you must resurvey employees using the new race and ethnicity categories.

The Equal Employment Opportunity Commission (EEOC) prefers that employers gather data by having employees self-identify, rather than using visual observation. The EEOC states on its website that obtaining information about employees' race and ethnicity via visual identification or existing employment records should occur only if an employee refuses to self-identify.

When collecting data for the EEO-1 report, employers should use a two-question format, which first asks whether the employee's ethnicity is Hispanic or Latino; if neither apply, then they are asked to choose from among six race categories. A sample Voluntary Self-Identification Form is available on AHI's HR Personnel Forms & Documents Library CD.

Five things about the EEO-1 report to remember:

1. The survey process is voluntary. If an employee refuses to self-identify, you cannot take an adverse action against him/her. Your only reaction should be to fill in the data by using your best judgment based on your visual observation or by checking employment records.
2. You must accept employees' self-identification, even if you believe an employee's race or ethnicity is different from what the employee claims.
3. If an employee self-identifies as Hispanic or Latino, but also checks a race category, only the ethnicity information is reported on the EEO-1 form. However, if an employee supplies race data, you must preserve it as an employment record (see #5).
4. There is nothing stopping you from asking employees to specify particular races, rather than simply marking the "Two or more races category." However, when an employee marks more than one race category instead of (or in addition to) the "Two or more races" category, you must preserve the detailed race data as an employment record (see #5).
5. EEO-1 reports must be kept strictly confidential. Self-identification forms should be secured in a file that is separate from general personnel files or other records available to those responsible for personnel decisions.

2. CATHIE'S CORNER:
HIPAA: THE MOTHER OF ALL MISUNDERSTANDINGS

I've written before about how employees misinterpret the law. It's time to cover the mother of all misunderstandings: HIPAA (the Health Insurance Portability and Accountability Act)...Continue the story 

Catherine Bannon is an HR consultant in Marshfield, MA (catherine.bannon@gmail.com). Bannon worked for 10 years in HR management before starting her consulting practice.

3. E-MAIL'S IMPACT ON ATTORNEY-CLIENT PRIVILEGE

Attorney-client privilege is a legal concept that protects communications between a client and his/her attorney by keeping those communications confidential. If, however, the attorney-client communications are made within the presence of a third party, then, according to precedent...Continue the story.

4. FREE REPORT:

TELECOMMUTING: A 21st CENTURY REALITY

Check out the Free Report, "Telecommuting: A 21st Century Reality," which covers the logistics and legalities of allowing employees to work from home. Along with guidance on how to implement a fair and legal telecommuting program, get answers to important questions on data security, compliance with the Fair Labor Standards Act, and safety issues. Also included is a sample Telecommuting Application Form.

5. HR SOAPBOX:
GUNS IN THE WORKPLACE: A VERY REAL JOB HAZARD

A few weeks ago, I wrote a tongue-in-cheek article on the physical hazards of being in HR. Unfortunately, the shootings last month at a Kentucky plastics plant remind us that no one is truly safe at work...Continue the story.