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April 21, 2015

Avoid Dress Code Discrimination Issues

Filed under: Discrimination,Training12:12 pm

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This is the second of a two-part series of blogs regarding dress codes. Today’s post deals with discrimination, which can be a major item of consideration for many organizations. Here are some of the areas you want to think about when drafting your policy.

1. Disability Discrimination

a) Dress and Appearance

Dress or appearance standards that adversely affect or otherwise screen out qualified disabled applicants or employees have been found to be discriminatory.

Examples:

  • Excluding applicants or discriminating against employees because of obesity may be illegal.  Severe obesity may be a disability under the ADA.  Such cases would be examined on a case-by-case basis.
  • Regarding an individual as disabled because of obesity may also be discriminatory.  For example: an ADA violation was found where an obese applicant for a bus driver position was regarded as disabled because it was believed she could not move appropriately in case of an accident.  She was otherwise qualified for the position based on her driving record, experience, and references.

Failing to hire an applicant due to his facial disfigurement can constitute disability discrimination.

2. Religious Discrimination

Title VII requires that organizations must accommodate an employee’s religious beliefs and practices unless an undue hardship is created.

Examples:

The following practices have generally been upheld:

  • An employee was transferred to a janitorial position after refusing to shave his beard for religious reasons.  The company contended that the issue was safety, as the beard did not permit a proper fit of a respirator.

Discrimination has been found where:

a) A nurse had been required to wear a nurse’s cap without a tight fitting scarf underneath (her religion required that her head be covered).

b) A hair salon had refused to allow an employee to wear a yarmulke to work (Jewish skullcap).

c) An airport had refused to allow security workers to wear headscarves (as required by their religion).

3. Racial Discrimination

Charges by employees alleging that dress and grooming standards violated their freedom of expression have generally been upheld.  Expressions of cultural heritage are typically not protected by Title VII.

Examples:

a) African-American employee charges that the company dress code infringed on their black pride and culture were not upheld.

b) Title VII did not protect an employee’s wearing of nose jewelry, which she contended was an expression of her Mexican Indian heritage.

4. What about state and local laws?

Employers must also ensure that dress and appearance policies meet state and local legal requirements.

Examples:

a) California does not allow employers to prohibit employees from wearing pants in the workplace;

b) Wisconsin requires organizations to state their dress and grooming requirements at the time of hire;

c) The District of Columbia (as well as numerous localities) prohibits discrimination based on an individual’s appearance, including style of dress or hair.

We’d love to hear if you’ve face any dress code issues and how you dealt with them!

 

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March 30, 2015

Measuring the Effect of Training

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How effective are your training programs? Do they result in greater productivity, fewer accidents, less expense, lower turnover, increased employee satisfaction or greater customer retention? Do they change people’s attitudes? Do they lower your risk of lawsuits? Answers to questions like these are necessary to determine if your training efforts are producing results … results that can affect your bottom line.

Conducting an ongoing evaluation of your training programs is absolutely necessary. It can help you keep your training programs cost-effective and relevant by revealing when programs should be revised or replaced. You must analyze your training results in several different areas, such as:

  • Training Participant Evaluation
    Getting participant feedback is a vital part of training evaluation. You can do this through surveys, either via paper or computer. Areas to evaluate could include: content, delivery and logistics. Keep in mind that surveys are subjective, but they should help you get an overall feel for how the training is received.
  • Skills/Principles Learned
    Actual learning as a result of training is another important area to measure. If the training teaches certain skills, participants should be tested prior to and after the training so you can see what skills they gained. If the training covers knowledge and theory, testing participants at the end is a simple way to measure learning results.
  • Identify Results
    It’s important to be able to assess how the training impacts the bottom line. Identify specific results that are desired from the training and follow up to see if they occur. It’s also important to assess the behavior of training participants once they return to the job. Did the training impact their behavior?
  • Calculate ROI
    The final step is to calculate the return on investment (ROI) as it relates to the training. Once you identify the results and calculate the costs of the training, decide if the return is worth it. Be sure to factor in ALL costs related to the training: wages of developers and presenters, outside trainer fees, material costs such as paper and pens, downtime during training, facility and equipment charges, administrative costs, travel costs, etc.) The list can be extensive, but needs to be complete for the results to be useful.

Calculating the benefits of your training programs can be a bit time-consuming, but it’s essential if you want to know whether your training efforts are helping you meet your goals.

If your organization needs a hand developing, measuring or improving its training, HR Performance Solutions’ HR consultants can help.

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