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Home ==> Best Practices Manual ==> Personnel (Page 2 of 4)

 

Personnel (continued)

Sexual Harassment

Sexual harassment is unwelcome or unwanted conduct of a sexual nature (verbal or physical) when:

Nonprofits should have written policies and procedures regarding sexual harassment.

Conflict of Interest

An employee may not have a personal gain (aside from wages and benefits) from his/her employment.

Nonprofits must have written policies pertaining to staff conflict of interest.

It is recommended that conflict of interest policies include:

Nepotism

Nepotism is favoritism shown to a relative on the basis of an immediate family relationship.

Nonprofits should have written policies regarding nepotism.

It is recommended that nonprofits have an agency definition of nepotism and apply the definition consistently.

Note: Immediate family can be defined as parents, children, siblings, grandparents, same categories of in-laws, foster and step children, and anyone living in the same household as a family member. Nepotism is present when individuals of these relationships (or those relationships as defined by the nonprofit) are in any manager/employee relationship or in the chain of command.

Disabilities in the Work Force

An employer must make "reasonable accommodations" and cannot discriminate against a qualified individual with a disability, because of the disability. This law pertains to all personnel actions including: the application procedure: hiring or discharge of employees; employee compensation or advancement; job training; and other terms, conditions, and privileges of employment

Note: The ADA regulations do not provide guidance on the crucial question of how much an employer has to do to make "reasonable accommodations" for a disabled employee or applicant. Instead, the regulations provide that the determination will be made on a case-by-case basis.

Disabilities in the Work Force.

  1. Drug Free Workplace. Nonprofits should have a written drug and alcohol policy that states at least the following:
    1. illegal use or illegal possession of alcohol and drugs are prohibited while on duty
    2. Belief in a treatment and recovery approach
    3. Stated concern for employees
    4. Identify programs and systems for assistance
    5. Guarantee confidentiality

Drug-Free Workplace

The Americans With Disabilities Act qualifies employees in treatment or recovery programs as disabled and protected.

If the nonprofit management suspects that an employee has an alcohol or substance abuse problem, it is recommended that management not ask the employee if she/he is an alcoholic or illegal drug user. However, management can address problems in work performance and disruptive behaviors when the problems are clearly related to alcohol or substance abuse. If an employee volunteers the information, then it is recommended that management require the employee to participate in treatment or recovery as a condition of continued employment. It is recommended that an employer monitor an employee's recovery compliance to medical instructions and/or program until the employee's job performance is acceptable.

Note: Employees in treatment or recovery program may be terminated if their job performance or behavior is not acceptable.

Employees who report to work under the influence of illegal drugs or alcohol can be terminated immediately.

It is recommended that nonprofits be dedicated to reducing the effects of illegal drugs and alcohol on work performance. This is based on the recognition of drug and alcohol addiction as a disease and focuses on rehabilitation.

HIV/AIDS

The Americans with Disabilities Act includes HIV/AIDS as a disability and pertains to applicants and employees who are believed to be HIV positive, even if they have not been diagnosed.

Individuals with AIDS-related conditions, including individuals who have been exposed to the virus but remain asymptomatic are protected under the ADA as disabled so long as their condition does not impact their job performance. Generally, an individual who has been exposed to the AIDS virus remains protected unless and until the debilitating effects of the disease preclude successful job performance as defined by the essential functions of the job.

Disabilities in the Work Force

Nonprofits under the jurisdiction of the Americans with Disabilities Act, should have written policies and procedures ensuring that applicants and employees with HIV/AIDS or believed to be HIV positive are not discriminated against.

Recruitment and Employment Procedures

Employers must use a system for recruiting applicants that does not impact any one Protected Class more than another and treats all applicants equally. Protected classes include race, color, religion, sex, and national origin.

Recruitment Procedures

Under the jurisdiction of the Fair Employment Law, nonprofits should have written recruitment policies and procedures ensuring that

  1. The system used does not impact one protected class more than another; and
  2. The recruitment of applicants does not exclude any potential applicants.

It is recommended that recruitment advertising be targeted, as well as widely broadcasted, to reach potential applicants. Nonprofits are encouraged to consider non-traditional outlets, such as ethnic organizations, community leaders, professional associations, community-based newspapers, or churches. For example, advertising only in newspapers might limit access to qualified applicants with visual impairments.

It is general practice to post positions for a two-week period. Extended periods may be considered for unusual requirements or particular skills.

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