HR Pieces: Human Resource July News

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July 2020

Greetings from the HRA Team! We would like to personally thank you for subscribing to our monthly newsletter and hope that it brings value to your business.

HR Advantage celebrated 15 years in business in May. To that end, we have never been more proud and grateful to continue showing up for our clients in both times of prosperity and uncertainty. We humbly remain committed to our tradition of timely and exceptional service in all things HR.

If you find yourself in need of advisement or wish to explore HR services for your business, our team is here to assist you!

Stay Well,

The HRA Team

Lynette Weatherford MA, SPHR, SHRM-SCP | President | Email | 877.894.0202 ext. 4

Candida Arvizu SPHR, SHRM-CP | HR Advisor | Email | 877.894.0202 ext. 1

Karla Callaway BS | HR Recruiter | Email | 877.894.0202 ext. 2

Camille Knowles PHR, SHRM-CP | HR Advisor | Email | 877.894.0202 ext. 3

Elizabeth Hurst MBA | Business Development | Email | 877.894.0202 ext. 5

HR Hotline | Email | 877-894-0202 ext. 5

Wishing You a Happy Independence Day!

HR Advantage Offices will be closed Friday, July 3rd in Observance of the Holiday

July Contents

- Supreme Court Ruling on LGBTQ Discrimination
- Social Media During Turbulent Times
- Register Now! HR Essentials Summer Webinar Series
- Paycheck Protection Program Flexibility Act (PPPFA)
- Requiring COVID-19 Antibodies Testing Violates ADA
- Happy Work Anniversary Karla Callaway!
- Career Opportunities: HR Manager, Marine Mechanic

Supreme Court Ruling Protects LGBTQ Workers from Workplace Discrimination

On June 15th, the U.S. Supreme Court ruled that the 1964 Civil Rights Act protects gay, lesbian, and transgender employees from discrimination based on sex. In the most anticipated employment decision of the year, the high court found that an employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964.

"An individual's homosexuality or transgender status is not relevant to employment decisions," wrote Justice Neil Gorsuch for the court. "That's because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex."

Employers should review current nondiscrimination policies and update them to explicitly include sexual orientation and gender identity. Employers with less than 15 employees will continue to be governed by applicable state and local anti-discrimination laws.

Source: National Public Radio, SHRM

Employee Social Media Posts

During Turbulent Times

Social unrest, such as in the wake of the anti-racist movements taking place around the country, leads many to social media posting to express their voice. This leaves employers to question what their rights and responsibilities are with regard to employee's social media, and how to respond when an employee makes offensive off-duty remarks . Here are some things to keep in mind:

The First Amendment prevents the federal government from interfering with freedom of speech, but it does not guarantee that right in private settings. A private-sector employee's comments (in person or in writing) are not shielded from employment consequences under the guise of freedom of speech.

In Missouri, employers are permitted to take adverse employment actions against employees based on lawful off-duty conduct on social media or in person. Once someone complains to an employer or calls attention to an employee's off-duty comments or actions, it becomes the employer's concern, particularly if the conduct constitutes harassment based on a protected class.

Missouri law prohibits employers from retaliating against employees for engaging in political activities. However, employers should consider whether or not an offensive post or speech is directly tied to an employee's political affiliation. Expressions of racism or other harassment are not political speech.

An employer may be liable for an employee's offensive social media post if it is aware of discriminatory harassment-even if it is done through an employee's personal social media use and outside of work hours-if the conduct creates a hostile work environment.

Employees may be subject to disciplinary action up to and including termination for social media posts that include:

Hate speech of any kind (regarding any protected classes),
Speech that is severe enough to constitute a hostile work environment (regarding any protected classes),
Threats to employee safety or of workplace violence,
Trade secrets, and
Confidential and proprietary company information.

Source: The National Law Review

Paycheck Protection Program Flexibility Act (PPPFA)

On June 5th, new legislation was passed to provide more flexibility to Paycheck Protection Program (PPP) loans. The Paycheck Protection Program Flexibility Act (PPPFA) makes it easier to qualify for forgiveness and loosens some rules:

Increases the spending window from 8 to 24 weeks
Lowers what must be spent on payroll from 75% to 60%
Allows until December 31, 2020, to restore staff and salaries
Enables all businesses to delay payroll taxes through the end of the year

For additional guidance on PPPFA, visit the US Small Business Administration FAQs

Can Employers Require Testing for

COVID-19 Antibodies?

Recently, the U.S. Equal Employment Opportunity Commission posted an update to address questions related to the COVID-19 pandemic. One question added to the publication, " What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws" explains that in light of current CDC Interim Guidelines, the ADA at this time does not allow employers to require antibody testing before allowing employees to re-enter the workplace.

An antibody test is different from a test to determine if someone has an active case of COVID-19. The EEOC has already stated that COVID-19 viral tests may be permissible under the ADA.

Source: US Equal Employment Opportunity Commission

Happy Work Anniversary, Karla!

We would like to recognize Karla Callaway, HR Advisor with HR Advantage, for her two year work anniversary!

Karla has 20 years of experience in human resources. Her areas of experience include recruitment and retention, new employee onboarding and orientation, benefits and compensation, and Human Resource Information Systems (HRIS).

Karla strives to surpass expectations and enjoys working with clients.

We're happy to have you on the team!

Career Opportunities

HR Advantage offers executive recruitment of candidates in C-Suite, Sales, and Administrative positions for our clients. Our firm offers concierge services to both the employer and candidates, helping to assure the perfect match. Additionally, we have a database of thoroughly vetted, qualified candidates.

Click on the open positions below to learn more.

HR Manager

2+ Years HR Experience

$50-60k annually

Springfield, MO

Contact: Lynette@hradvantageweb.net

Marine Mechanic

5+ Years Experience

Pay depends on performance.

$60k and up possible.

Warsaw, MO

Contact: candida@hradvantageweb.net

All placement fees are paid by the employers. No fee is ever charged to an applicant. Applicants may submit resume/credentials confidentially to info@hradvantageweb.net

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