Comments on: Who won this case: Does he have to sign company diversity policy? http://www.hrmorning.com/who-won-this-case-does-he-have-to-sign-company-diversity-policy/ Your daily dose of HR Tue, 16 Mar 2010 15:42:19 -0400 http://wordpress.org/?v=abc hourly 1 By: Larry http://www.hrmorning.com/who-won-this-case-does-he-have-to-sign-company-diversity-policy/comment-page-1/#comment-3737 Larry Mon, 08 Dec 2008 18:42:27 +0000 http://www.hrmorning.com/?p=420#comment-3737 I disagree with diversity policies in general as they are part and parcel to affirmative action and quota policies. I'm glad the employee won this case as it just points out that "PC" is ridiculous in its usage in a workplace. Discipline problems are best handled individually and we are becoming a nanny state in our handling of problems such as these. If an employee mistreats another because of his, her, or its sexual orientation, there are ways to handle that - without signing a statement. I disagree with diversity policies in general as they are part and parcel to affirmative action and quota policies. I’m glad the employee won this case as it just points out that “PC” is ridiculous in its usage in a workplace. Discipline problems are best handled individually and we are becoming a nanny state in our handling of problems such as these. If an employee mistreats another because of his, her, or its sexual orientation, there are ways to handle that – without signing a statement.

]]> By: Mike R http://www.hrmorning.com/who-won-this-case-does-he-have-to-sign-company-diversity-policy/comment-page-1/#comment-3733 Mike R Mon, 08 Dec 2008 17:14:33 +0000 http://www.hrmorning.com/?p=420#comment-3733 This problem shows up many times when disciplining employees. What is the employee signing? Does it mean that he/she agrees with all that is stated or that they are aware of the company position and expectations? On our discipline and verbal counseling forms, I have the following statement right above the employee signature line that states the following "My signature indicates that I am aware of the situation, the company policy and position regarding this situation, and the company expectations for me regarding this and similar situations. I have been given a copy of this document for my records." I find that many employees "refuse to sign" as a means to try to avoid responsibility and a knee jerk reaction to being held accountable. I see that many employees "refuse to sign" and I am forced to get a witness to sign that the employee was given a copy and an opportunity to be made aware of the policy. Then if there is further problems, I can refer back to the earlier intervention to show that we tried to work with the employee in good faith. If an employee feels that the company doesn't fully understand the situation or has taken a "wrong" position, then I encourage the employee to submit a statement showing what the company failing to see or consider and still have them sign the discipline. I figure the more information the company has, the better for problem solving. Generally, employees don't submit the statements. I don't fire people unless their behavior warrants it. There are very few instances where an employer can demand an employee to sign anything. There are some tax forms and the I-9 that the government has established legal requirments, but generally, the employer has no authority to compell an employee to sign. We are an "at will" employer. If an employee refuses to sign a policy acknowledgement, we go through the same process. If an employee has been put on notice and their behavior continues to be a problem, then the discipline will become more severe, up to and including termination. This problem shows up many times when disciplining employees. What is the employee signing? Does it mean that he/she agrees with all that is stated or that they are aware of the company position and expectations? On our discipline and verbal counseling forms, I have the following statement right above the employee signature line that states the following “My signature indicates that I am aware of the situation, the company policy and position regarding this situation, and the company expectations for me regarding this and similar situations. I have been given a copy of this document for my records.” I find that many employees “refuse to sign” as a means to try to avoid responsibility and a knee jerk reaction to being held accountable. I see that many employees “refuse to sign” and I am forced to get a witness to sign that the employee was given a copy and an opportunity to be made aware of the policy. Then if there is further problems, I can refer back to the earlier intervention to show that we tried to work with the employee in good faith.
If an employee feels that the company doesn’t fully understand the situation or has taken a “wrong” position, then I encourage the employee to submit a statement showing what the company failing to see or consider and still have them sign the discipline. I figure the more information the company has, the better for problem solving. Generally, employees don’t submit the statements.

I don’t fire people unless their behavior warrants it. There are very few instances where an employer can demand an employee to sign anything. There are some tax forms and the I-9 that the government has established legal requirments, but generally, the employer has no authority to compell an employee to sign. We are an “at will” employer. If an employee refuses to sign a policy acknowledgement, we go through the same process. If an employee has been put on notice and their behavior continues to be a problem, then the discipline will become more severe, up to and including termination.

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