Employment is a vast and nuanced field. When it comes to in-house human resources departments, organizations tend to hire generalists, who can speak to many different issues, rather than specializing in compliance.
Therefore, when venturing into the complex area of Employment Law, an expert consultant can support and augment the performance of your HR team, ensuring compliance with Equal Employment Opportunity Commission (EEOC) law, and other important regulations.
Employers and human resource departments must be mindful of the EEOC legislation, which protects workers from discrimination on the grounds of:
- Disability or genetic information
- National origin
- Sex (including pregnancy)
These regulations govern many decisions employers make, such as:
- Access to Training
- Compensation and benefits
HR consultants offer several services to help keep employers compliant with these regulations. Here are five examples:
1. Adverse Impact Analysis
This analysis can be applied to multiple employment-related decisions but is most frequently used in the hiring process. It’s considered a best practice for ensuring fair treatment of candidates and employees across the board. A consultant starts by examining past candidate pools by race and gender. They look at hiring decisions and examine whether the selection process had an adverse impact on any racial or gender categories. The consultant can interpret those results through a statistical analysis perspective, one that not all HR professionals are trained to do.
2. Job Analysis
HR consultants can help employers stay compliant by conducting job analysis, which relates specifically to the Americans with Disabilities Act as Amended Act (ADAAAA). Questionnaires ensure that the employer is addressing the mental and physical demands of a particular position, as required by the ADAAA.
3. Policy and Practice Review
This is an examination of an existing employee handbook and helps with compliance by ensuring that employers have EEOC-related policies in place, such as:
- A harassment policy
- An equal employment opportunities policy
- A reasonable accommodation policy
4. Affirmative Action
In addition to EEOC compliance, consultants can help develop an Affirmative Action plan. Though it isn’t an EEOC program, it is required for government contractors by the Office of Federal Contract Compliance Programs. The OFCCP prohibits discrimination based on race and gender, disability and military status.
5. Shifting Liability
HR Consultants can train supervisors to understand how they carry liability and how to insulate themselves from unknowingly violating employment laws. This training may include communication best practices for recruiting, hiring, firing, and fielding employee questions, concerns, and complaints.