Comments on: Avoiding the legal landmines of 3 popular employee benefits

By: Stacy

Stacy — Tue, 08 Sep 2009 14:17:45 +0000

#1. We have a Wellness program that covers EVERY employee’s ability. If you get your annual wellness exam, you are qualified for a $500 wellness allowance that you can use toward Gym Membership, Weight Management Program, nutritionist, Therapeutic Massage, Smoking Cessation, Acupuncture. Also, if you don’t want to take advantage of the Wellness Allowance, you get a discount on your employee share premium.

#2. We don’t have Domestic Partner benefits and I doubt very seriously that the state of Virginia will see that benefit any time soon.

#3. Unintentional Discrimination? Hmmm………I like that term and it happens and as a Black Female, it does NOT offend me. In my 13 years in HR as an Assistant and a Manager, I have seen employers hire in their own likeness, doesn’t mean they don’t like the other race or gender or age group, its just what they have in common. When I worked in the corporate offices of a large retailer, a great majority of the Buyers, Planners Mid Management and Sr. Management were Jewish Americans (Male/Female). It’s not intentional, it’s just how the retail industry has always been. I see Managers that have a lot of family and friends and if they know someone looking for work that is qualified, they refer them. As long as no “Favor” is cast upon the friend or family member hired, I don’t see a problem with it.

By: Jared Bilski

Jared Bilski — Fri, 04 Sep 2009 13:49:06 +0000

Joni,

Nice catch! You’re absolutely correct, it should have been “effect.”

Jared

By: Greg

Greg — Thu, 03 Sep 2009 19:04:45 +0000

Joni,
I believe the articles author is Jared Bilski, not Marty. Good point though.

By: Joni

Joni — Thu, 03 Sep 2009 18:24:38 +0000

Marty,
The last sentence of your article uses the word “affect” as a noun. I believe you meant to “…measure its effect on employee diversity…”

Great points, though. Thank you.

By: Marty

Marty — Thu, 03 Sep 2009 14:55:40 +0000

I like your “O” term for the healthy families legislation. It will lead to unbridled abuse of the system.

By: Greg

Greg — Thu, 03 Sep 2009 14:30:23 +0000

Marty,
The vague language you are referring to in the “Healthy families Act” is typical of government legislation. A precedent will have to be set quickly because based on that definition the room for abuse is enormous.

Yes I agree with you, intentional and unintentional would have been better way of putting it however, as you know, the wrong word choices in policies and procedures and even in local, state, and federal laws can have you eating the proverbial crow in front of a judge or arbitrator.

By: Marty

Marty — Thu, 03 Sep 2009 14:10:37 +0000

I think you would agree Greg there is such thing as intentional and un-intentional events. I do believe that the pharase un-intentional discrimination would have been more acceptable in this context but the point was well made that hiring from intenal referrals can lead to less diversity. If hiring under a government contract, that could skew your numbers. I would guess that most situations are smaller employers just trying to fill needs as cost effectively as possible.

Remember we are still facing the threat of the “Healthy Families Act” requiring paid leave of up to 7 days among other reasons ; “to care for, or help obtain medical care for, a child, parent, spouse (and are you ready for this language?) or “any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship” Can you believe that? I hope the Congress knows what to do with this legislation…. can it.

By: Greg

Greg — Thu, 03 Sep 2009 12:31:06 +0000

This is just my opinion but I don’t believe that there is a such thing as “accidental discrimination” as mentioned in # 3. The term is oxymoronic. However, I do agree the referral bonus programs have the potential to of set diversity initiatives but honestly that is the world we live in unfortunately so until we become more socially evolved we as HR professionals will have to remain cognizant and vigilante regarding such issues.