Crafting Employee Handbooks

Does your business want to promote #DEI legally? I've got 11 tips straight from EEOC Acting Chair Andrea Lucas. Last year, on an episode of Cozen O'Connor's Employment Law Now podcast, hosted by Michael Schmidt, he asked Ms. Lucas about lawful actions employers can take to promote diversity, equity, and inclusion principles. Ms. Lucas responded with eleven of them. 1️⃣Audit Job Descriptions: Eliminate unnecessary job and degree requirements. 2️⃣Audit Job ads and interview questions: Ensure job ads and interview questions do not include race or sex preferences. The same applies to job descriptions. 3️⃣Standardize Interviews: Adopt uniform questions across similar roles to limit subjective biases. Eliminate questions about "fit," especially if code for a protected class. 4️⃣Formalize Promotions: Replace informal, subjective internal promotions such as "tap-on-the-shoulder" practices with transparent, standardized processes. Consider using opt-out methods to ensure all eligible employees are considered. 5️⃣Inclusive Mentorship and Sponsorship: Provide mentorship and sponsorship programs open to all, rather than creating exclusive groups based on race or sex. 6️⃣Universal Leadership Training: Offer leadership development training for all employees at a particular level without racial or sex restrictions. 7️⃣Support First-Generation Professionals: Instead of aiming to boost social mobility, consider programs directed towards first-generation professionals without regard to any protected class. These initiatives could include additional training, employee resource groups, mentoring programs, and internships. 8️⃣Individualized Training: Deliver training tailored to specific employee needs, avoiding racial or sex stereotypes. 9️⃣Conduct Privileged Audits: Identify and address existing workplace discrimination or harassment rather than targeting broader societal problems. 1️⃣0️⃣Broaden Recruitment Efforts: Expand applicant pools by diversifying recruitment channels, including various colleges and advertising forms and formats (print, radio, electronic). Companies can also remove or lower job requirements (e.g., GPA) across the board to widen the applicant pool. 1️⃣1️⃣Rethink Work Culture: Address excessive workloads to minimize barriers disproportionately impacting women and economically disadvantaged employees. Promote healthier work-life balance for improved retention and mobility. Ms. Lucas's podcast comments are not legally binding. Consult an #employmentlaw attorney for advice. However, they affirm that employers can pursue meaningful DEI efforts if they maintain clear, legally compliant frameworks. Emphasizing equal employment opportunities and making merit-based decisions will help organizations foster a diverse, inclusive, and equitable workplace environment while avoiding potential legal pitfalls. I'll link the podcast episode below (h/t Joshua L. Rogers) #TheEmployerHandbook #humanresources

We need to talk about the false and xenophobic rumors about Haitian migrants eating cats and dogs in Springfield, Ohio, stoked by a certain Presidential candidate. Schools, universities, hospitals, and even city government buildings have been closed because of threats of violence. And it's reasonable to assume that Haitians legally working in the businesses in and around Springfield are facing unlawful harassment as a result. It's inexcusable. Per the EEOC, "Title VII prohibits employment discrimination, including unlawful harassment, based on national origin — meaning discrimination due to a complainant's, or the complainant’s ancestors', place of origin. Harassment based on national origin includes ethnic epithets, derogatory comments about individuals of a particular nationality, and use of stereotypes about the complainant's national origin." Here are 4 tips for all employers to proactively address these issues in your workplaces: 1. Implement Clear Anti-Discrimination Policies: Establish comprehensive policies that clearly define and include national origin discrimination and harassment. Make sure these policies comply with federal, state, and local anti-discrimination laws, and communicate them to all employees. 2. Provide Training on Cultural Sensitivity: Offer regular training sessions for employees and management on cultural awareness and unconscious bias. These sessions should educate everyone about respecting diverse backgrounds, languages, and customs and encourage an inclusive workplace. 3. Establish a Complaint Process: Develop a transparent process for employees to report instances of discrimination or harassment based on national origin. Ensure that complaints are investigated promptly, fairly, and confidentially, and that retaliation against complainants is strictly prohibited. 4. Promote Diversity and Inclusion: Foster an environment that values and celebrates diversity by recognizing cultural holidays, offering multilingual resources, and creating employee resource groups that support underrepresented groups. This can help create a sense of belonging and reduce discrimination. Promoting inclusion and rejecting rhetoric rooted in hate isn't just a legal obligation — it's a moral imperative. A workplace that values diversity fosters innovation, trust, and success. By standing against discrimination and embracing inclusivity, employers create an environment where everyone can thrive, free from fear and prejudice.

One of the biggest issues I see when completing People Operations Organizational Diagnostics for early-stage startups? A lack of foundational legal documents to ensure compliant employment and mutual employer/employee protections in each employee’s country and/or state. Here’s a bare-bones checklist 🦴 of what you must have in place: 📜 Employment & Legal Essentials Team Handbook + location-specific addendums CIAA/PIAA agreement tailored to local laws Compliant I-9, 1099, and W-8 BEN documentation process 💰 Contracts & Compensation Standard consulting/contractor agreement Stock option agreement (if issuing options) Separation agreements (customized by location, supervisor status, RIF/non-RIF, etc.) 🌍 Payroll & Compliance A reputable payroll provider or PEO that handles multi-state compliance Employer of Record (EOR) or a global payroll process if hiring internationally If you don’t have—or don’t know what—some of these are, call an employment attorney. You need one. This isn’t legal advice—just the musings of an HR consultant who’s seen some scary stuff. 🫣 What’s been the hardest compliance challenge for your company? ___ 👋 I'm Melissa Theiss, 4x Head of People and Business Operations and advisor for bootstrapped and VC-backed SaaS companies. 🗞️ In my newsletter, “The Business of People,” I share tips and tricks that help founders, COOs, and Heads of People take their tech companies from startup to scale-up.

Every time I write up an org-wide communication related to major changes, I consistently apply the lessons that I learned from Annie Christiansen and Kathy Gowell during my time working with them at MuleSoft/Salesforce. Spending most of my early and middle career in more technical roles, my communication style had a tendency lean towards the technical (and wordy). Annie and Kathy did an amazing job helping me step back and reframe my communications to be focused, prioritize the crucial information first, and apply empathy (we're not all engineers in the tech world). I've templated, to a large degree, the key messaging points I picked up from them • What's happening? (𝘥𝘰𝘯'𝘵 𝘣𝘶𝘳𝘺 𝘵𝘩𝘦 𝘭𝘦𝘢𝘥, 𝘨𝘦𝘵 𝘳𝘪𝘨𝘩𝘵 𝘵𝘰 𝘪𝘵) • What does this mean for me? (𝘢𝘮 𝘐 𝘪𝘮𝘱𝘢𝘤𝘵𝘦𝘥? 𝘪𝘧 𝘴𝘰 𝘸𝘩𝘢𝘵 𝘥𝘰 𝘐 𝘯𝘦𝘦𝘥 𝘵𝘰 𝘥𝘰?)  • Why is this happening? (𝘤𝘰𝘯𝘵𝘦𝘹𝘵!) • I still have questions, where should I bring them to? (𝘚𝘭𝘢𝘤𝘬, 𝘰𝘧𝘧𝘪𝘤𝘦 𝘩𝘰𝘶𝘳𝘴, 𝘸𝘪𝘬𝘪𝘴, 𝘦𝘵𝘤) These four stanzas are present in nearly 99% of my major comms. They work when updating the staff about major security threats (such as vishing/smishing campaigns), changes to org-wide systems (such SSO/MFA improvements), and so much more. Most importantly, bring empathy to all comms. Try, as best as you can, to put yourself on the receiving end of the communication you're sending and challenge yourself with the question "is the information framed in a way that I and my peers would feel informed & engaged if we were the recipients"

🚨 Attention Employers! 🚨 Have you updated your employee handbooks to comply with the Pregnant Workers Fairness Act (PWFA)? 📝🏢 The final rules for the PWFA were issued in July 2024, requiring employers with 15+ employees to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions 🤰👶. Here’s What You Need to Do: ✔️ Update Your Employee Handbooks: Reflect new policies and processes. ✔️ Review Accommodation Procedures: Train managers on compliance. ✔️ Post Updated Workplace Posters: Ensure employees know their rights. ✔️ Use Resources: Tools like our PWFA Checklist can guide you 🛠️. Don’t wait—stay compliant and support an inclusive workplace. Need help? Energize HR is here to provide expert advice and tools! #HRCompliance #PWFA #EmployeeHandbook #InclusiveWorkplace #EnergizeHR 💼✨

Did you get weird vibes when you saw the movie "It Ends With Us"? I love when Hollywood Drama teaches us good Human Resources lessons, and considering how I spent much of the last two weeks sitting on a couch and binge-watching TV, it seems right to find valuable HR compliance advice in a juicy Hollywood scandal that was a briefly a mainstream news story. Actress Blake Lively dropped a legal bombshell that every small business owner should pay attention to. Her lawsuit against Justin Baldoni and Wayfarer Studios isn't just Hollywood gossip - it's a masterclass in workplace conduct and potential pitfalls. Lively's lawsuit alleges sexual harassment, a hostile work environment, and retaliation during the filming of "It Ends With Us". (True confession:  I never saw it or even heard of it.  I had to google to find out that it was a movie and not a TV series.) The key allegations:  inappropriate sexual comments, zero proper reporting mechanisms for Lively to make a complaint so the behavior would stop, and what Lively claims was a coordinated retaliatory effort to silence her after speaking up. In other words - accusations that we hear in our small businesses all the time. Here's what business owners (and HR!) can do to protect themselves from similar lawsuits. ✔️ Create Crystal-Clear Policies Don't leave harassment guidelines to interpretation. Your employee handbook should spell out exactly what's unacceptable with specific examples. ✔️ Build a Safe Reporting System If your employees can't report concerns safely, you're setting yourself up for potential legal nightmares. Create multiple channels for reporting that don't require confronting the person being complained about - including an HR Hotline, where employees can make complaints anonymously.  (It just so happens I can help you out with an inexpensive HR Hotline!) ✔️ Take Every Complaint Seriously This is crucial - an employee's likability doesn't determine the validity of their concern. Whether it's your star performer or your newest hire, every complaint deserves a thorough, objective investigation. ✔️ Document Like Your Business Depends On It Because guess what? It might. Write everything down as if a future jury might read it. Objective, clear, professional documentation is your best defense against potential legal challenges. And finally, beware of the Retaliation Trap. One of the most dangerous mistakes businesses make is retaliating against someone who files a complaint. Even if the original complaint turns out to be unfounded, retaliatory actions - like decreasing an employee's hours or writing them up for an offense you always let slide before - can land you in serious legal trouble. Want help building these practices in your business? Reach out to me through a free HR consultation - because preventing problems is always easier than solving them in court. Link in the comments! #hrcompliance #sexualharassment #humanresources #management #hollywood

That sounds good… and like utter BS at the same time. I’ve seen beautifully crafted change messages fall flat—not because they weren’t creative, but because they weren’t convincing. In moments of change, people crave clarity—not just creativity. They’re looking for evidence. Stability. Proof they won’t be left behind or this "and another" thing won't fall flat. Yes, analogies can help. They soften the message. They make things click. But if all you’re offering is metaphor? You’re not building trust—you’re borrowing time. Here’s what actually moves people: 🔺 Show the data behind the decision 🔺 Show how others are already making it work 🔺 Share real voices—not just polished messaging Only then are they ready to hear the story of what’s changing. One of the most effective tools I’ve used to make that story clear: From → To → Because 🔺 From – Where we are now (or were) 🔺 To – Where we’re headed (or have arrived) 🔺 Because – Why it matters Example: “We’re moving from reactive support to proactive service because our customers are asking for faster answers.” “It’s clear. It’s human. And it builds trust—especially when repeated consistently. Plus, it’s a powerful foundation for reinforcement once the change is in place: ‘We moved from reactive support to proactive service last quarter—and customers have reported a 30% improvement in response time.’” Pro tip: Limit yourself to three “from-to”s per message. The brain remembers best in threes. Want your change comms to stick? Start with receipts—not riddles.

Later saying "we were surprised when it happened", or that you "didn't think it could happen here", will not cut it this time around. We have seen this playbook again and again throughout our collective history, but that does not mean that we should stop imagining and working toward a collective future that can be different. Grab out your pen, marker, favorite pencil. It's time for a #diversity #equity and #inclusion spotlight: 🚨 Building Your Immigration Response Plan 🚨 By taking these steps, you can help protect your employees' (and their families) with immigration status and foster a caring, supportive, and legally prepared HR and DEI team.   💡  Know the Rules - Familiarize yourself with laws related to employment eligibility (e.g., I-9 requirements in the U.S.). Ensure you verify work authorization only during hiring and as required by law. Avoid re-verifying unnecessarily unless mandated. 💡  Support Work Authorization Renewals - Proactively inform employees of upcoming expiration dates on work authorization (if known). Offer employees resources outlining the renewal process and provide flexibility to allow them to complete necessary paperwork or attend appointments -- even during working hours. If possible, seek experts and immigration attorneys, to help employees navigate complex cases. 💡 Safeguard Employee Privacy - Keep immigration status information confidential and restrict access to it within the company. Protect sensitive documents and avoid sharing status information unnecessarily, even within the organization. 💡 Advocate for Immigration Assistance - Offer to sponsor work visas or green cards when appropriate, and support employees through the application process. Within your organization, advocate for the importance of work-sponsorships, and the advantage of expanding recruitment of top talent from a world-wide pool of applicants. Provide financial assistance for legal fees or application costs, if feasible, Collaborate with immigration attorneys or consultants to stay informed about changes in laws and regulations. Consider offering informational workshops or legal clinics for employees. 💡 Create a safe space Train managers and HR personnel about anti-discrimination laws and best practices, to ensure a welcoming environment. Hold caucus groups (with a trained facilitator) to encourage open dialogue about concerns related to immigration status. Provide access to counseling or support services for those experiencing stress related to immigration issues. 💡 Prepare for Government Audits - Maintain accurate and updated I-9 forms and supporting documents for all employees. Train staff on how to handle government audits or site visits, ensuring your responses are compliant and respectful of employees' rights.

Change is coming. And Leaders, how you communicate it will decide whether your team leans in or pushes back. Research shows that 70% of change initiatives fail due to employee resistance and lack of support (McKinsey & Company). The problem? It’s not always the change itself—it’s how it’s framed. To succeed, leaders must get in front of change early. They need to build trust, shift mindsets, connect to purpose, and highlight the benefits. That’s where the C.O.M.B. Model -- for Communicating Change -- comes in. When introducing change, walk employees through these four key stages: 1️⃣ Challenge – Acknowledge the difficulty. Be honest about the hurdles ahead. Transparency builds trust. 2️⃣ Opportunity – Reframe the situation. Shift the focus from disruption to possibility. Show the upside. 3️⃣ Meaning – Make it meaningful. Tie the change to a larger purpose. Help employees see why it matters. 4️⃣ Benefit – Show the value. Reinforce long-term rewards so they can see the light at the end of the tunnel. Alright, let's dive into an example: Implementing a New System Say your company is rolling out a new internal software system to improve efficiency. Some employees—early adopters—are eager. Others—laggards—are frustrated and don't want anyone moving their cheese. They see it as another system to learn, another task added to their plate. If leadership doesn’t communicate effectively, resistance will spread. 1. Challenge – Acknowledge the difficulty. "We understand that learning a new system takes time and effort. It will temporarily pull you from your usual tasks, and we know that can be frustrating." (Builds Trust & Transparency) ⚠️ Why this matters: Employees don’t like surprises. Acknowledging challenges shows you respect their time and effort. 2. Opportunity – Reframe the situation. "At the same time, this is an opportunity to rethink how we work. This system will allow us to explore new tools and strategies we haven’t had access to before." (Shifts Mindset) 💡 Why this matters: Change feels different when it’s positioned as an opportunity instead of a burden. 3. Meaning – Make it meaningful. "By implementing this system, we can streamline processes, reduce manual work, and improve customer experience. This positions us for long-term success." (Connects to Purpose) 🎯 Why this matters: People support change when they understand why it matters and how it connects to a bigger goal. 4. Benefit – Show the value. "A little focused effort now will lead to better outcomes—less manual work, fewer errors, and a smoother workflow for everyone." (Reinforces the Rewards) 📈 Why this matters: Employees need to see the clear, tangible benefits to buy in. Bottom Line: Change isn’t just about systems, processes, or technology—it’s about people.

Law firms: New Year, New You. Dust off your attorney/employee handbook (call your employment counsel maybe Jennie Woltz or Justin Marino and The Law Firm General Counsel) and consider: 1. Firm Core Values (I like an annual review of this) 2. Employment Classification (attorneys and staff, new hire probation) 3. Workplace Conduct (dress code, harassment/discrimination policies, drug/alcohol) 4. Compensation and Benefits 5. Billable Hour, Productivity Requirements, Non-Billable Credit 6. Paid Time Off (PTO)/Leave 7. Technology/AI Acceptable Use and Cyber Security 8. Professional Development/Continuing legal education (CLE) requirements 9. Client Relations, Intake & Responsiveness Standards 10. Reporting channels, Firm's General Counsel, Whistleblower protections 11. Workplace Health and Safety (physical security, ADA compliance, wellness) 12. Termination, Retirement/Alumni, and Exit Policies What else do you recommend we look at? #law #TheLawFirmGC #laywers