Insure This Continued
about personnel decisions. Only provide information on a “need to know” basis. • Disability Issues – The Americans with Disabilities Act (ADA) prohibits discrim- ination against qualified individuals who fit the definition of handicapped. The ADA only applies to employers with 15 or more employees. If the employee or applicant is qualified to perform the fun- damental job duties, the employer must be willing to make reasonable accommo- dations that are necessary for the person to do the essential functions of the job. Reasonable accommodations usually include the removable of physical barri- ers, providing auxiliary aids and services, and flexible schedule arrangements. Employers are not, however, required to make accommodations that will cause the employer undue hardship, but they will be required to clearly and convincingly
defend job functions and descriptions that exclude the disabled. • Sexual Harassment – Sexual harass- ment usually falls into two broad cate- gories:
a) Quid Pro Quo – exists where contin- ued employment is based on submitting to unwanted sexual demands by a super- visor.
b) Hostile Environment – involves verbal or physical conduct of a sexual nature which either interferes with an employee’s work performance or creates an intimi- dating, hostile, or offensive working envi- ronment.
The key to protecting yourself from sex- ual harassment claims is to respond imme- diately to any harassment claim – period. • Educate your workforce on the issues. •Take employee complaints seriously and promptly investigate allegations. • Separate employees while you inves-
tigate.
• Interview the complaining employee and the accused employee and obtain signed, dated statements from both.
• Advise the complaining employee the results of the investigation and what cor- rective actions you’ve taken.
• Send a copy of the company policy on harassment/discrimination to all employ- ees and have them sign and date it. When termination of an employee becomes necessary, it should occur only after progressive discipline measures have been used, including verbal and written notices advising the employee of the seri- ous nature of the situation.
This information highlights some of the key issues you must be aware of to protect your business, its offi- cers and employees from exposures to employment practices liability claims. It is only to point you in the right direction and provide general suggestions in developing, implementing, and maintaining good employee practices. it is not intended as legal advice. You should consult with your attorney to answer specific questions regarding individual sit- uations about your employment program.
For more information on how Wells Fargo In- surance Services can benefit your business, contact Bill Velin at 800-328-6311, ext. 3039, direct 952-830-3039, or by e-mail
bill.velin @
wellsfargo.com.
14 Automotive Recycling | July-August 2015
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