Our last post listed five management best-practices to avoid lawsuits. Let’s take a more detailed look at the first one – educate your managers.

Here is the simple take-away from today’s post: Management is an extension of their employer. As such, management practices can be pinned back to the employer, who can ultimately be held responsible for the managers’ actions.

What is a Manager?

Managers are the primary contact with most of the rank-and-file employees in an organization. Whether it is an office manager in doctor’s office, or the warehouse manager in a storage facility, or  inventory manager in a retail operation, all managers interact with their staff on a daily basis. In an informal poll taken by AllBusiness (a division of Dunn & Bradstreet), managers were asked, “What is a manager’s role”? The answers were wide-ranging, but all shared the same underlying theme – daily oversight of the staff:

“A manager’s role is to provide proper oversight and direction to a group that is trying to accomplish a certain task. They may also act as a mediator between those under him. Managers may need to be called upon at times to be disciplinarians or morale boosters.”

“To make sure the place runs smoothly.”

“A manager’s role is to maintain a productive atmosphere while conserving cost. He is the  communication link between the employees and upper management.”

Another question posed was, “What do you like about managers?” Again, the answers revolved around staff interaction:

“I like managers when they fulfill their job with respect toward their employees. Also, when they show understanding and use their authority with kindness.”

“They have the answers to our problems.”

“When a manager does his job right, it promotes a pleasant atmosphere to work in.”

“They keep the workers organized.”

So what is the point?

The point is simple – for a manager to effectively do their job, they must be educated on the proper methods of discipline, motivation, and management. These tasks may seem like common sense and simple enough to implement. However, in fact, dozens of State and Federal laws dictate precisely how managers can treat employees, speak to them, discipline, warn, and terminate them.

Some of the most important laws governing these areas are:

• Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
• the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
• the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
• Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
• Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and
• the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

Educated Managers = Safe Employers

So, while you may have hired your manager to “make sure the place runs smoothly”, or to “maintain a productive atmosphere”, equally, if not more important, is to make sure your management team is aware of the laws that govern their daily interaction with their staff. If you follow the steps below, you’ll be on your way to protecting your company, and yourself, from lawsuits:

1. Make sure management is familiar with all company policies and procedures
2. Managers should actively review the Employee Handbook
3. They should be familiar with the company Mission Statement.
4. Managers should be positive role models, always acting ethically with motivational leadership skills.
5. Act professionally at all times.
6. Encourage management to attend training classes to further educate themselves.
7. CONSTANTLY and CONSISTENTLY contact the Human Resources department before taking employment-related action.

In summary, encourage and provide learning opportunities to your management staff. Make it clear to them that conscious application of that knowledge is expected on a daily basis. Following these best practices will go a long way to help you and your business keep a motivated workforce, and stay out of trouble.