HR Snapshot
CAN WE REQUIRE REMOTE EMPLOYEES TO INFORM US WHEN THEY MOVE TO A NEW CITY OR STATE? Yes, you can and should require that remote employees notify the company when they move. There may be compliance and tax obligations when an employee relocates to a new city or state—not only for the employee, but also for you as the employer. Answer from Kim, For example, a relocated employee may now be owed a higher minimum SPHR, SHRM-SCP wage or be eligible for paid sick leave. Workers’ compensation and unemployment insurance may also be affected.
CAN I REQUIRE APPLICANTS TO HAVE A HIGH SCHOOL DIPLOMA? We recommend that you not require applicants to have a high school diploma unless you can demonstrate that the requirement is job-related and consistent with business necessity. Requiring a diploma when it’s unrelated to the position can be discriminatory under both Title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities Act (ADA). While federal law doesn’t explicitly prohibit employers from requiring applicants to have a high school diploma, the Equal Employment Opportunity Commission (EEOC) has cautioned employers about the use of such policies. According to EEOC guidance, “a high school diploma requirement is discriminatory under Title VII if it has a disparate impact on a protected group and is not job-related and consistent with business necessity.” A disparate impact occurs when a policy or rule appears to be neutral but results in a disproportionate impact on people within a protected class (e.g., race, sex, or religion). Diploma requirements may also violate the ADA if they tend to screen out individuals with disabilities when a diploma isn’t required to do the job. When assessing the qualifications of job applicants, it’s best to focus on essential job functions and previous experience.
Answer from Rachel, SHRM-SCP
CAN WE CUT A PERFORMANCE IMPROVEMENT PLAN SHORT IF THE EMPLOYEE’S PERFORMANCE ISSUES HAVE GOTTEN SUBSTANTIALLY WORSE? In general, yes. When an employee is on a performance improvement plan (PIP), and their performance has not improved and has, in fact, gotten worse, it is perfectly reasonable to cut the timeframe of the PIP short and move forward with further disciplinary action, including termination. Unless it’s written to say otherwise—and it absolutely shouldn’t be—a PIP is not a guarantee of employment for the duration of the plan. It shouldn’t alter the at-will employment relationship. Just be sure that you are following historical practices if you have had similar situations in the past. The most important thing is to remain consistent. Document—and tell the employee—the reason why the PIP was cut short, listing each policy violation or performance issue individually, in case you are asked to provide context at a later date. NOVEMBER/DECEMBER 2022 [ 26 ]
Answer from Janelle, SHRM-CP, SHRM-PMQ
