A national debate is intensifying about whether or not sexual orientation should be added to the list of classifications protected by federal law from employment discrimination.

A bill (H.R. 3685) prohibiting discrimination based on such a classification is slowly making its way through Congress. The House has passed the bill and it awaits action in the Senate, but the Senate has not announced a schedule for considering it.

The bill got a recent boost when national SHRM released a statement on June 19, 2008 supporting it. President Bush has not stated a position on the pending bill. However, many state laws already prohibit sexual orientation discrimination, as do many business policies even when not required by applicable laws.

Chicago-style deep dish pizza is delicious, but different. It is almost as if someone looked at regular old pizza a different way and said, “let’s make this good by turning it inside out and putting the cheese and toppings underneath the tomato sauce!”

Sometimes, such an approach also works with HR and legal compliance. A Colorado employment lawyer explained HR, always concerned about risk to the company, must also consider that HR professionals are often sued along with their employers, and thus they should take steps to minimize such risks.

He recommended the following steps:

1. Make sure the employer stands behind and indemnifies HR;
2. Centralize approval processes for employee relations decisions that could lead to lawsuits;
3. Implement policies and procedures consistently;
4. Communicate with employees in a truthful, dignified and professional manner;
5. Don’t act out of anger or in retaliation;
6. Educate decision-makers about litigation risks; and
7. Know and follow the law even if it conflicts with company orders.

The Great Chicago Fire of 1871, which wiped out most of the city, is said to have started when Mrs. O’Leary’s cow kicked over a lantern.

A Philadelphia lawyer offered tips on how to minimize the risk of similar fiery explosions related to workplace investigations. His key tips:

1. Don’t defer your investigation just because the government is investigating too;
2. Make sure your investigator knows how to investigate and does so without a conflict of interest or bias;
3. Drill down to the details;
4. Assume an alleged perpetrator is innocent until you conclude he or she is guilty;
5. Document why you did not interview certain witnesses;
6. Document interviews;
7. Explain your credibility findings;
8. Don’t rely on “non-defenses” such as “it was only a joke” or “I didn’t intend to hurt anyone;”
9. Take appropriate corrective action; and
10. Take proactive measures to avoid retaliation.