Fred Lorenz
Labor & Employee
Relations Consultant
Washington Employers
Relatively
new buzzwords around many company HR offices are �Voluntary Benefits.�� Voluntary benefits are non-core (e.g.,
medical, dental) optional plans offered to the company�s employees at the
employer�s group discount rates.� The
plans, such as vision, financial planning, legal services, long-term care, auto
and homeowners insurance, are usually paid for entirely by the individual
employee (often with pre-tax dollars), although the employer typically picks up
the tab for associated administrative and related costs
Some
employers believe that voluntary benefits are a cost-effective way to give
their workers �value added,� and thus �become an employer of choice for both
recruiting and retention purposes,� according to a spokesman for New York-based
Towers Perrin, a national benefits consulting firm.� In addition, they �fit naturally into today�s flexible employment
world,� and unlike traditional benefits furnished and paid by the employer,
�many voluntary benefits are not tied to the employer and may be taken with
the� employees when they leave the
organization.�
In
the Seattle area one of the major newspaper companies launched a voluntary
benefits program three years ago, consisting of life insurance, on-site day
care, sick child care, and dry-cleaning services.� Soon they will be offering to their employees �everything from
travel planning to pet insurance,� according to a spokesperson for the
company.� She added that this voluntary
benefits program �goes hand-in-hand with the company�s work/life programs, and
helps to give the company the look of a leading-edge employer.�� Further, some 25% of eligible employees take
advantage of the program, and the company �has yet to receive any negative
feedback,� even though she says the employees, not the company, pay the full
cost of the voluntary benefits.
Well hopefully everyone survived Y2K and the new Millenium
with minimum disruption.� Apparently it
was a big yawn for most everyone, but if it was not for you�be sure to send
Lisa your story to print in the next Newsletter.� We are not beyond deriving enjoyment from other's mishaps!!
EEOC Issues Guidelines
In light of the recent Supreme Court decisions in Burlington Industries, Inc v. Ellerth and Faragher v. City of Boca Raton, the EEOC issued� a guidance for Vicarious Employer Liability for Unlawful Harassment by Supervisors on June 18th, 1999.
For organizations who have narrowly defined sexual harassment policies excluding other type of harassment, the clear guidance is that companies should establish anti-harassment policies and complaint procedures covering all forms of harassment including: harassment based on race, color, sex (whether or not of a sexual nature), religion, national origin, protected activity, age or disability.�
Who Qualifies As A Supervisor?
"An employer is subject to vicarious liability for unlawful harassment if the harassment was committed by 'a supervisor with immediate (or successively higher) authority over the employee'."� Furthermore, employers may also be subject to vicarious liability by supervisors who do not have actual authority over the employee, but the employee reasonably believes that the harasser has such power.
Tangible Employment Action
According to the EEOC guidelines: "An employer is always liable for harassment by a supervisor on a prohibited basis that culminates in a tangible employment action.� A tangible employment action is 'a significant change in employment status'.� Unfulfilled threats are insufficient."
Employer Defense
"The defense consists of two necessary elements:
(a) the employer exercised reasonable care to prevent and correct promptly any harassment; and
(b) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise."
Reasonable Care
The EEOC provides assistance is defining reasonable care: "Such reasonable care generally requires an employer to establish, disseminate, and enforce an anti-harassment policy and complaint procedure.� Even the best policy and complaint procedure will not alone satisfy the burden of proving reasonable care if, in the particular circumstances of a claim, the employer failed to implement its process effectively.� An employer should provide every employee with a copy of the policy and complaint procedure, and redistribute it periodically.� Other measures to ensure effective dissemination of the policy and complaint procedure include posting them in central locations and incorporating them into employee handbooks.� If feasible, the employer should provide training to all employees to ensure that they understand their rights and responsibilities.� An employer should ensure that its supervisor and managers understand their responsibilities under the organization's anti-harassment policy and complaint procedure.� Periodic training of those individuals can help achieve that result.� Reasonable preventive measures include screening applicants for supervisory� jobs to see if any have a record of engaging in harassment.� Finally, it is advisable for an employer to keep records of all complaints of harassment."
Employee's Duty To Exercise Reasonable Care
Unfortunately the EEOC identifies a number of reasons that would be considered rationale for failure to complain including: risk of retaliation, obstacles to complaints, and perceptions that the complaint process was ineffective.� According to the EEOC, "the employer must prove that the belief or perception underlying the employee's failure to complain was unreasonable."
Effect of Standard
The EEOC provides this sobering view: "If the employer cannot prove that it discharged its duty of reasonable care and that the employee unreasonably failed to avoid the harm, the employer will be liable.� While this result may seem harsh to a law abiding employer, it is consistent with liability standards under the anti-discrimination statutes which generally make employers responsible for the discriminatory acts of their supervisors."
For the complete guidelines you can go to the following web site: http://www.eeoc.gov/docs/harassment.html#
Web Page
Correction: Washington Services not Washington Hospital
Insurance Trust sponsors our Web Page in conjunction with Point Share.� The
Web Page is here!� The site address is:
http//www.wshhra.org.� Please take a few
moments to check it out and let me know what you would like added, deleted, or
expanded.� Let me know if you have a job
opportunity you would like posted, or have any other suggestions.
Fall Conference
The Fall Conference
at Leavenworth was a smashing success.� There are a number of photos on the Web
Page highlighting our grand time. Be sure to check them out and give the
appropriate amount of grief to those featured on the Web Page!
Membership
Forms Are Attached -Be Sure to Complete them ASAP
New
Officers
Announcing the new
WSHHRA Board:
Past President:���������������������
Julie Meyer����������
509-922-9478���
President:������������������������
Rozanne Martin�����������������������
360-802-3293��������������
President Elect:�����������������
Connie
DiGregorio�������������������������
360-435-2133���������������������������
Vice President: ��������������������
Lisa McDaniel
360-678-7656
Treasurer:
Gordon Spunich
509-473-7119
Secretary:
Carla Wheeler
509-586-5848 �
Legislative Liaison
Diane Weisenberger
206-731-3366
Available for Rent�.
"Everyday Creativity", the video that kicked off our Fall Conference is available
for rent.� Rental price is $60 for 14
days (the price includes shipping cost and insurance coverage).� Anyone interested in renting this
video should contact
Jody Oster at 360-802-3293.
Spring Conference
Mark your calendars
for the Spring Conference at Cavanaughs on 5th Avenue in Seattle on
March 23rd and 24th. Room rates are $104-Single and
$119-Double.� Please call Connie
DiGregorio at 360-435-2133 with any suggestions you may have for speakers.�� Anyone who has
done some new and interesting things with computer technology please give
Connie a call.