IN THIS ISSUE:

1. Feature Story: Halloween Celebrations Can Spark Religious Discrimination Claims

2. Cathie's Corner: How Do You Handle An Employee's Resignation Notice Period?

3. Providing (Gulp!) Upward Feedback

4. Free Report: Compliance With The New HIPAA Data Breach Notification Rules

5. HR Soapbox: The Slippery Slope Of Sex In the Workplace

AHI's We Couldn't Make This Up 

When a man tried to cash a check from his wife, Bank of America (Tampa, FL) asked him to provide a thumbprint, because he did not have an account with the bank.  Problem was, the man was born without arms.  Despite showing two forms of ID, he was given the option to either return with his wife or open an account.  The bank has since apologized to the man.

EEOC Revises EEO Poster In Light Of GINA 

The Equal Employment Opportunity Commission (EEOC) has revised its "Equal Employment Opportunity is the Law" poster.  This new version reflects current federal employment discrimination law (including the Americans with Disabilities Act Amendments Act of 2008).  The poster was revised to add information about the Genetic Information Nondiscrimination Act of 2008 (GINA), which is effective November 21, 2009.  The revised poster also includes updates from the Department of Labor.

You can either post a supplement alongside the "EEO is the Law" poster you have now, or you can completely replace your "EEO is the Law" poster with the latest version.  Click here to download or order the poster from the EEOC. 

The new poster will also be available in Spanish, Chinese, and Arabic before the GINA statute becomes effective.

1. FEATURE STORY:
HALLOWEEN CELEBRATIONS CAN SPARK RELIGIOUS DISCRIMINATION CLAIMS

Employers dealing with a shaky financial situation and stressed-out employees may use Halloween to add some fun to the workplace.  Allowing employees to dress up doesn't cost the company a dime, unless you want to hold a costume contest.  Even then, the prizes can be nominal.  But beware of the legal bogeyman: Religious discrimination claims filed by employees who don't celebrate the holiday.

For example, a Pentecostal Christian employee may object to Halloween celebrations on the grounds that Halloween promotes Paganism.  One employee did this in 2007, claiming that the Halloween decorations in her office subjected her to religious discrimination.  A judge dismissed the claim, holding that "Halloween lost its religious and superstitious overtones long ago.  It has become instead a commercial holiday enjoyed by communities in its many forms of entertainment."  Another judge might not feel the same way, especially if the protested event is more intrusive than a few decorations.

Employees who are Jehovah's Witnesses are forbidden from celebrating Halloween (or any holiday) due to their beliefs.  An ambulance service in South Carolina is currently under fire for terminating an emergency medical technician who is a Jehovah's Witness for refusing to participate in a Halloween carnival on behalf of the company.  "Employers must respect employees' sincerely held religious beliefs and carefully consider requests made by employees based on those beliefs.  The law requires that employers explore alternative arrangements acceptable to both the employer and the employee to settle the problem.  Refusal to even consider such an adjustment leaves the employer open to a possible religious discrimination suit," said the Equal Employment Opportunity Commission (EEOC).

It is important to evaluate whether employees' religious beliefs can be accommodated.  Your unfamiliarity with a religion or religious belief is not an excuse to refuse to provide an accommodation.  Read the article "Reasonable Accommodation Dilemmas: Questionable Beliefs Confuse Employers," which explains why.

If an employee protests a one-time event that the company is holding for fun (e.g., costume contest), certainly do not hold their non-participation against them.  (Make sure their manager understands this, also!)  The key to avoiding religious discrimination charges is to make participation in such celebrations truly voluntary.  Never force employees to dress up, or even force them to watch a Halloween-related contest.  If they request the day off, grant it, if it doesn't pose an undue hardship.

In the case of a religious-themed job duty (e.g., the carnival in the case above, restaurant wait staff singing "Happy Birthday" to patrons), evaluate whether the employee can be relieved of the duty.  The reasonableness of this accommodation depends on factors such as the nature or importance of the duty and the availability of others to perform the duty.  In other situations, transferring an employee to a different position or location could also be a reasonable accommodation, depending on the availability of other positions and the applicability of a collective bargaining agreement or seniority system.  Caveat: The transfer cannot entail less pay, responsibility, or opportunity for advancement unless a lateral transfer is not available or would otherwise pose an undue hardship.

2. CATHIE'S CORNER: HOW DO YOU HANDLE AN EMPLOYEE'S RESIGNATION NOTICE PERIOD?

The economy must be getting better, in my opinion.  The number of questions I'm hearing from people who have successfully found new jobs is increasing.  But the question that comes up most often is one that disturbs me somewhat....Continue the story. 

3. PROVIDING (GULP!) UPWARD FEEDBACK  

Holding rank-and-file employees accountable for their inappropriate actions (or getting their managers to do so!) is a pretty standard part of your job. But what happens when it's necessary to direct your critique upwards — to address the inappropriate behavior of your boss or other high-level executive?...Continue the story.

4. FREE REPORT: COMPLIANCE WITH THE NEW HIPAA DATA BREACH NOTIFICATION RULES  
 

Check out the Free Report, "Compliance With The New HIPAA Data Breach Notification Rules," which provides a detailed analysis of the steps covered entities and business associates must take following a breach of unsecured personal health information, as per interim final regulations issued by the Department of Health and Human Services.  Learn how to determine whether an actionable breach has occurred under the Health Insurance Portability and Accountability Act (HIPAA), when notices must be delivered and to whom, what content notices must include, and what administrative actions are required.  

5. HR SOAPBOX: THE SLIPPERY SLOPE OF SEX IN THE WORKPLACE

Let's say a male company owner has a series of intimate relationships with several of his female employees.  Is this illegal?  Is it inappropriate?  Is it anyone else's business?...Continue the story.