Protecting Disabled Employees

Q: What is California ADA & FEHA?

A: The federal Americans with Disabilities Act ("ADA") and California's Fair Employment and Housing Act ("FEHA") protect qualified people with disabilities but who can do the job. It requires employers to make reasonable accommodations to allow disabled people to perform a job's essential functions. This is not a guarantee of a job for disabled people, but it is protection for those who can perform its essential functions from being discriminated against on the basis of their disability.

Q: What duties do employers owe applicants and employees with disabilities?

A: Employers must make reasonable accommodations to enable an employee with a disability to perform a position's essential functions.

Q: What are considered reasonable accommodations?

A: A reasonable accommodation is an action that enables an employee with a disability to receive the same opportunities and benefits of employment as other employees. This may be fulfilled by making facilities readily accessible to disabled individuals, providing transfer or reassignment to a vacant position for which the disabled employee is qualified, providing part-time or modified work schedules, or providing modified equipment or devices to accommodate a disabled employee. This is an ongoing duty and not a one-time effort.

However, the employer's duty to accommodate has its limits. Accommodations must not impose an “undue hardship" on the operation of the employer's business. The employee must prove that the accommodation is reasonable both in cost and benefit to the employer's business.

Tips for Employers on Disability Etiquette

People with disabilities come from all socioeconomic, ethnic and racial groups. They read, speak, and communicate through many languages and methods. Regardless of their disability, they generally prefer to be viewed as people first, with their disability considered second.

We asked EG’s Helpline Consultants to provide some tips for employers when it comes to employees with disabilities.

• When culturally appropriate, make eye contact and direct your communication to the individual with a disability. If they are not alone, do not direct your comments to their companion.
• Use a normal speaking tone and style. If someone needs you to speak in a louder voice, they will ask you to do so.
• Do not focus on the disability, but on the individual and the issue at hand. If you are uncertain about what to do, ask. Most people would rather answer a question about protocol than be in an uncomfortable situation.
• Assistive devices (canes, wheelchairs, crutches, communication boards, etc.) should always be respected as personal property. Unless given specific and explicit permission, do not move, play with, or use them.
• When having an extended conversation (more than a minute or two) with someone in a wheelchair or of short stature, try to kneel or find a chair. This way they are not looking up at you and eye contact is much easier for both parties.
• Do not make assumptions about people with disabilities. They are, most likely, a lot like you. They have families, friends, feelings, frustrations and fun.
• If and when you make a mistake with an etiquette issue, apologize, correct the problem, learn from the mistake and move on.

Recruitment Help: FAST and CHEAP!

Has the tightening labor market got you scrambling to find strong job candidates? Are you spending far more time on recruiting efforts than you can afford? If you’re looking for a truly FAST, CHEAP and EFFECTIVE recruitment solution, Employers Group has the answer – our exclusive recruitment partner, Decision Toolbox.

Since 2002, Decision Toolbox has filled hundreds of positions for Employers Group members for an average Cost per Hire of less than 7% of first year salary. They present the candidate who is ultimately hired within an average of 11 days from project launch.

Stay competitive
Decision Toolbox helps employers remain competitive in recruitment by combining the power of effective marketing, high-level recruitment expertise, refined recruitment processes and the speed and efficiency of technology. With an average customer satisfaction rating of 90%, EG member feedback is consistently the same: “Decision Toolbox is fast, cheap and effective!” In fact, we at Employers Group are so impressed with Decision Toolbox’s service; we use them ourselves as our primary recruitment resource.

As the labor market continues to tighten, recruiting will demand more and more of your time. Don’t waste precious hours struggling through the process – let the experts handle it.

Success Stories
Below are two case studies which exemplify how Decision Toolbox has helped Employers Group members in need of recruitment assistance and expertise.

Case #1 - EG member and automobile distributor uses Employers Group recruitment partner, Decision Toolbox, to fully staff a brand new department.

Issue
The U.S. distribution company of a major automobile manufacturer decided to bring the previously outsourced function of accounting in-house and needed to staff a new accounting department with a “cream of the crop” team of nine professionals – as quickly as possible.

Resolution
Through EG, a Decision Toolbox account team was assembled and partnered with the company’s Human Resources Director and hiring managers to outline open positions, draft compelling ads and related recruitment tools and start interviewing the best candidates.

Result
Decision Toolbox staffed the new accounting department with an average of 14 days to fill each position and an average cost per hire of just over 7%. Comment from company HR Director, “We are more than pleased…they are filling them faster than I can get the offer letters typed up! Thank you.”

Case #2 - EG member and retail media network can’t lose critical momentum in competitive IT recruitment market.

Issue
Busy HR department of a broadcast and interactive programming network must focus on other critical areas of business and don’t want to lose critical momentum in the recruitment area.

Resolution
Through EG, a Decision Toolbox account team was assembled and partnered with the HR department to implement their processes and begin filling their open positions.

Result
Over the last two years, Decision Toolbox has become an ongoing extension of the company’s internal recruitment efforts for all position levels and types. As stated by the VP of Human Resources, “They are a key part of our HR team”.

For more information on recruitment solutions through Employers Group and our preferred recruitment partner, Decision Toolbox, please contact Katherin Scott at (213) 765-3949 or kscott@employersgroup.com.

Outplacement Softens the Blow of Downsizing

In today’s litigious business environment, companies face more risks than ever when the need to downsize or terminate an employee arises. Though in California all employment relationships are “at will,” or can be terminated by either party for any reason at any time, employers must carefully avoid actions that may be interpreted as wrongful discharge, which can result in significant penalties and legal expenses. Outplacement can be a dignified and efficient solution that helps ease one or more employees out of an organization.

Make outplacement part of your severance packages
Not to be confused with recruiters, outplacement is part of an exiting employee’s severance package. Outplacement or career transition specialists work with separated employees, assess what they would like to do and the availability of such work in the marketplace, then provide training and counseling to the individuals to help them achieve their goals.

Outplacement benefits
So, what are the results of utilizing outplacement when downsizing and/or terminating an employee that is not working out?

• Reduces terminated employee’s anger, thus decreasing the chance of litigation
• Morale among remaining employees improves
• Company retains or improves reputation in the work force
• Reduces stress on management
• Lowers unemployment insurance costs via quicker re-entry into workforce
• Restores self confidence in terminated employees

Exiting with dignity
With more and more litigation stemming from terminations, companies may look to outplacement to ease exiting employees out of the workplace and take the sting out of discharge.

For more information on outplacement services provided to EG members through our preferred outplacement provider, Peter Studner Associates, Inc., please contact Katherin Scott at (213) 765-3949 or kscott@employersgroup.com.

In the November 2006 issue of our regular Newsletter, look for an informative article on avoiding the pitfalls of terminations through outplacement written by outplacement expert, Peter K. Studner.

Are your Employees Protected?

Two NEW workplace posters are now available from the EG Store. One is about “Heat Stress: A Real Threat,” and the other is called “Avian Flu: Where do you Stand?”

Heat Stress: A Real Threat! Many workers spend some part of their working day in a hot environment. Workers in agriculture, construction, and manufacturing industries along with laundries, dry cleaners and bakeries often face hot working conditions that pose special hazards to the safety and health of these employees. California issued “emergency regulations” on August 22, 2005 after several workers died from apparent heat-related illnesses. Don't take a chance... be sure your employees and supervisors know the signs, symptoms and dangers of heat related illnesses. Price: Member - $16.00 Non-Member - $17.95

Avian Flu: Where do you Stand? According to the experts, since "preparation" is the best prevention, why not give your employees the information they need to limit exposure to this deadly flu virus. This important information has been gathered from the CDC, World Health organization, and other medical science experts—and we are making it available to EG members. Our new poster explains: What is Avian Flu The facts behind the threat Transmission methods Prevention steps and precautionary information for "travelers". Price: Member - $16.00 Non-Member - $17.95

These and many more posters—along with a full selection of HR resources—are available through the EG Store at discounted member rates. For more information please visit our web site at http://www.employersgroup.com/products/books/index.shtml. Or you may call our Member Service Center at 800-748-8484 to speak with a representative.