Frequently Asked Questions about OnTheJobSolutions

 

1.         Does my organization need discrimination prevention training?

            
If you employ fifteen or more people, most federal laws prohibiting discrimination apply to you. The number of employees triggering state law discrimination prohibitions varies in New England from a minimum of one in Vermont and Maine to six in Massachusetts.

            
If  you are a "public accommodation," the prohibitions against discrimination may apply to your employees' dealings with members of the public.

             Without adequate non-discrimination training, your employees may put you at risk of  incurring significant civil penalties and the costs of expensive litigation. Although the federal  Equal Employment Opportunity Commission has been filing lawsuits against only about 400 employers a year, that is only the tip of the iceberg. In FY 2005, over 75,000 charges of discrimination were filed with EEOC, including nearly 13,000 sexual harassment complaints. In its Annual Report for 2003, the Massachusetts Commission Against Discrimination states that in 2003, it received 3328 complaints of discrimination. The odds are pretty high that you will not
be charged with discrimination, so why protect yourself, right? After all, employment litigation doesn't cost all that much, does it?
            
2.        Does OnTheJobSolutions offer diversity training?

 

            No, and if your organization has a history of “diversity training,” OnTheJobSolutions may not be your best fit, although I’d be happy to discuss it with you. Diversity training has different philosophical underpinnings from the form of discrimination prevention training we offer. We facilitate your employees’ compliance with your non-discrimination policies by reviewing and explaining those policies to them. Our training does not concern individual employees’ support for or opposition to discrimination laws, it is not about changing peoples’ prejudices, it is not about understanding differences. It is about understanding the law. 

 

            On the other hand, all of our mediators are trained in mediation, discrimination prevention and diversity, inasmuch as such training is critical to the development of the specific skills necessary expeditiously to resolve disputes before they get out of hand or out of house..

 

3.         Does OnTheJobSolutions do sensitivity training?

 

            No, although we expect trainees to be much more sensitive to the requirements of non-discrimination policies because they understand those requirements more clearly.

 

4.         Does OnTheJobSolutions give legal advice?

 

            Absolutely not. We offer an “audit” of organization policies for compliance with relevant statutes and regulations, we recommend changes to facilitate compliance with law, but by all means retain your own attorney for legal advice.

             If you are currently the subject of a discrimination claim, please retain counsel, do not turn to us. If an employee has filed a complaint in court or before an administrative agency charging an employer with discrimination, the employer should promptly hire an attorney experienced in and understanding the complex employment law statutory scheme. Anything less is “playing with fire.” At the outset and at agreed-to junctures, such an employer needs a frank discussion with his or her attorney about the costs of defending against the claim and must keep close track of the progress of the case, if only as a budgetary item. A downtown Boston big firm partner will probably cost $800 an hour, if the employer’s lucky. Alternatively, in-house counsel can abandon all else and become an expert in employment law. Running the case to conclusion will be expensive.


             In designing a discrimination prevention plan, we want to work with your attorney. With your director of human resources. And with your CEO.

5.         What is ATM?

 

            Audit/Training/Mediation, the tripartite approach OnTheJobSolutions offers in its Management 2007 package.

 

6.         What is a policy compliance audit?

 

            We do a thorough review of your company’s non discrimination policies and recommend changes to facilitate compliance with non-discrimination laws, including laws governing harassment and retaliation. A nice first step.

 

7.         Why do I have to have written non-discrimination policies?

 

            Maybe you don’t. As long as you are doing the correct cost-benefit analysis.

 

8.         How many employees does OTJS train at a time?

 

            Generally groups of  up to 15 individuals are optimal. But one size does not fit all. Let’s discuss it.

 

9.         Is it a good idea to train managers at the same time as other employees?          

 

            Sometimes. Depends on a lot of things. A topic for discussion if you are serious about this.

 

10.         What is Workplace Mediation?

 

            It’s a lot cheaper than litigation.

 

11.       How does OTJS Mediation differ from other Workplace Mediation services?

 

            Although workplace mediation is a fairly new field, it already comes in all sizes and shapes. What we offer is focus on non-discrimination and the resolution of the complex issues which can quickly arise in the course of employee misunderstandings. If that is your goal, call to discuss whether we can help. At a minimum, we’ll give the links to everyone else, so you can decide for yourself.


12.      Is On the Job Solutions looking for something?

            
A few good clients.

 

Last modified 20060512 0822