Missouri May Ban Employer Discrimination against Gun Owners

In the same way citizens are protected from discrimination because of race, sex, national origin, color, age, disability, ancestry or religion, Missouri legislators want to ban discrimination against gun owners. HR professionals need to be aware of this potential legislation and its implications when making hiring and employment choices.

Proposed Legislation to Protect Gun Owners

The Missouri bill protecting the rights of gun owners was sponsored by Wanda Brown. The bill passed the Missouri House by a wide margin in March of 2011. Similar legislation banning discrimination against people who own guns is being proposed in other states and is sponsored by the National Rifle Association.

However, this proposed legislation is meeting with some opposition both in Missouri and in other states where gun owners’ rights are coming into question.

Opposition to the Legislation

Opponents of this legislation are concerned both about its ramifications and about whether it is necessary:

• Some companies are concerned that this type of legislation will lead to more discrimination lawsuits and will hinder efforts to create jobs.
• Some lawmakers wonder if it is really necessary, since there are few cases of discrimination of this type in the workplace
• Other lawmakers feel that workplace discrimination against sexual orientation need to be addressed, instead of gun ownership, since that is a more pressing discrimination issue.

Arguments in Favor of Legislation

Wanda Brown, the sponsor of the bill in Missouri, states, “We would never consider giving up our First Amendment (free speech) rights for a job. Why should we give up our Second Amendment rights?”

For her and other lawmakers, this bill simply supports the Second Amendment right to own a gun.Ms. Brown is acting in part because of concerns on the national level. President Barack Obama’s survey for job candidates in high ranking positions includes a question about gun ownership. The question is: “Do you or any members of your immediate family own a gun? If so, provide complete ownership and registration information. Has the registration ever lapsed? Please also describe how and by whom it is used and whether it has been the cause of any personal injuries or property damage.”Employers asking questions of this nature could potentially lead to adverse employment action being taken against individuals who exercise their right to own guns.

Human Resources Action

Human resource professionals need to be aware of pending legislation that will make it illegal to discriminate against gun owners. Passage of such legislation will prohibit any pre-employment questions about gun ownership or any other type of discrimination in the workplace.

Missouri May Ban Employer Discrimination against Gun Owners

In the same way citizens are protected from discrimination because of race, sex, national origin, color, age, disability, ancestry or religion, Missouri legislators want to ban discrimination against gun owners. HR professionals need to be aware of this potential legislation and its implications when making hiring and employment choices.

Proposed Legislation to Protect Gun Owners

The Missouri bill protecting the rights of gun owners was sponsored by Wanda Brown. The bill passed the Missouri House by a wide margin in March of 2011. Similar legislation banning discrimination against people who own guns is being proposed in other states and is sponsored by the National Rifle Association. However, this proposed legislation is meeting with some opposition both in Missouri and in other states where gun owners’ rights are coming into question.

Opposition to the Legislation

Opponents of this legislation are concerned both about its ramifications and about whether it is necessary:

• Some companies are concerned that this type of legislation will lead to more discrimination lawsuits and will hinder efforts to create jobs.
• Some lawmakers wonder if it is really necessary, since there are few cases of discrimination of this type in the workplace.
• Other lawmakers feel that workplace discrimination against sexual orientation need to be addressed, instead of gun ownership, since that is a more pressing discrimination issue.

Arguments in Favor of Legislation

Wanda Brown, the sponsor of the bill in Missouri, states, “We would never consider giving up our First Amendment (free speech) rights for a job. Why should we give up our Second Amendment rights?” For her and other lawmakers, this bill simply supports the Second Amendment right to own a gun.

Ms. Brown is acting in part because of concerns on the national level. President Barack Obama’s survey for job candidates in high ranking positions includes a question about gun ownership. The question is: “Do you or any members of your immediate family own a gun? If so, provide complete ownership and registration information. Has the registration ever lapsed? Please also describe how and by whom it is used and whether it has been the cause of any personal injuries or property damage.”

Employers asking questions of this nature could potentially lead to adverse employment action being taken against individuals who exercise their right to own guns.

Human Resources Action

Human resource professionals need to be aware of pending legislation that will make it illegal to discriminate against gun owners. Passage of such legislation will prohibit any pre-employment questions about gun ownership or any other type of discrimination in the workplace.

Are employers violating federal law by asking job seekers for their Facebook passwords? Facebook has threatened legal action against companies that request passwords. Readers, have you ever asked for a candidate’s password? What do you think about this?

Legislation May Help Small Businesses Offer Retirement Plans

Because of the size of the business and the expense involved, it is often difficult for small businesses to offer retirement plans. Fortunately, however, pending legislation may make this process easier. 

Small Businesses and Pension Plans

With the current rules for pensions and the burden imposed on small business owners, it comes as no surprise that few provide retirement plans to employees. The numbers, however, show just how widespread the problem has become:

• A survey released by in November, 2011, by Nationwide Financial, found that only 19 percent of small businesses offer any self-funded retirement plan to their employees. 
• 75 percent of those surveyed felt that most Americans are not prepared financially for retirement. 
• Among businesses that have seven employees or more, 37 percent of the owners stated that their employees were pressuring them for a retirement plan and 78 percent stated that a retirement plan would help bring in qualified workers. 

Anne Arvia, senior vice president of retirement plans for Nationwide Financial, stated that, “Our survey found that nearly half (46 percent) of small business owners were not aware or were unsure that an employee self-funded retirement plan could be offered without having to match employee contributions.”

Change on the Horizon

Despite these currentbleak figures, Anne Arvia believes that, “The provisions in the Small Businesses Add Value for Employees (SAVE) Act before Congress will remove many of the barriers that have kept small businesses from offering their employees a retirement plan.”

The SAVE Act will encourage small business owners to work together so they can offer Multiple Small Employer Plans. This is less expensive than offering a single employer plan and administration costs are also reduced. The SAVE Act also allows for converting over to a traditional 401(k) plan as the business grows.

HR professionals in small business need to be aware of this pending legislation and how it can offer retirement security to many employees. By working together with other small business and pooling resources, small companies will have more flexibility in the type of retirement plan the offer their employees.  

Monitoring Employees Online

The internet is a wonderful thing, but privacy is, and always will be, an issue. Employers and employees should be aware that internet infiltration of the workplace occurs before and after a person is hired. In fact, as a recent Market Watch article points out, many employees are being checked out online both before and after they are hired. 

Screening Future Employees

Many human resources professionals use the internet to Google prospective employees. This is done as a background check to help screen out undesirable candidates. However, opinions on the ethics of this choice are mixed. Some feel that this practice is unethical, since it invades a person’s privacy while others believe that is it a way to show that the job candidate was properly checked out, in case problems arise in the future.

If you are planning to use Google before hiring, it is important to remember that you cannot refrain from hiring someone due to his or her protected status. Anything you learn 

about race, gender, religion, national origin, age or other protected details cannot be factored in. The more information you learn about a person through online Googling, the more vulnerable you come to being accused of considering impermissible factors when it comes to hiring. You should, therefore, weigh your choices carefully and restrict your search to limited information necessary to determine if the candidate is a good one. 

Social Networking in the Workplace
Once employees are hired, the Internet searches don’t necessarily stop for many employers. According to the Proskauer Rose report from 2011, approximately 27 percent of companies monitor employees’ use of social networking sites. 43 percent have had to take action concerning the misuse of social media, and 31 percent enacted disciplinary measures because of 

misuse.

Monitoring an employee’s social media posts to determine if they are sharing confidential information or comments about the company can help you to keep an eye on the press you are receiving, but like with pre-employment monitoring, there are some risks. Most notably, certaintypes of speech on social networks are considered to be protected by the National Labor Relations Act. You cannot fire an employee for certain types of social media behavior, so when you find commentary online and take action, you may be setting your company up for a lawsuit. 

The best way to protect yourself from bad social media postings isn’t necessarily to monitor employees and take action but is instead to be proactive about establishing a clear social media policy so employees will know what their obligations are. 

Fewer Employers Offering Finance Education: Are You?

The Society for Human Resource Management recently conducted a survey of HR professionals and found a 12 percent decrease in the number of employers who offer their employees financial education. Other portions of the survey covered personal financial challenges and how these challenges affect the workers and their job performance. Data for this survey was gathered from December 2011 through January 2012 and the results are available on the SHRM website. 

Survey Results
Employees responses to the survey indicated that employees were engaging in some surprising money habits that might not necessarily be in their long-term best interests. For instance:

• When asked if employees have taken out money from their retirement savings plan more in the last year than in previous years, 17 percent – strongly agreed and 55 percent agreed. This reflects a large number of employees turning to retirement funds to meet current expenses- a move that can have significant tax and other long-term consequences. 
• Overall lack of monetary funds was the biggest concern of  49 percent of employees, while medical expenses were the main worry for 35 percent of survey respondents. 
• 22 percent of employees responding to the survey reported that their financial challenges were having a large impact on their work. 61 percent reported at least some impact on their work as a result of financial stressors. 
• 47 percent of responding employees reported having difficulty focusing on their jobs as a result of their financial concerns. 

This survey shows that financial challenges do have an impact on an employee’s job performance, morale, health, and relationships with other employees.  Yet, despite the financial struggles faced by employees, only 52 percent of employers offered financial education in 2011, down from 64 percent in 2009. 

Managers and HR personnel need to be aware of the financial struggles of their employees during these current hard economic times. Perhaps financial education should be offered by more employers rather than less. By helping employees deal with their financial problems, employers will see happier workers and better productivity.

Tax Credits for Hiring Veterans

Many employers are unaware that there are a number of tax credits available for hiring veterans. For instance, a tax credit provided by the VOW to Hire Heroes Act of 2011 was enacted because the unemployment rates for veterans is higher than for those in the general population. This credit provides funding to hire veterans in the medical field. 

How the Tax Credit Works
The provided tax credits for hiring veterans could be as much as $9,600 dollars when an unemployed veteran is hired. The amount of credit would depend on how long the veteran has been unemployed and whether he or she has a disability that is related to the service. 
 
In order for a medical practice to claim this tax credit, a veteran who has been unemployed for at least four weeks in the past year would need to be hired by May 22, 2012. Federal tax form 8850, Prescreening Notice and Certification Request for the Work Opportunity Credit, must be filed with the state’s workforce agency by June 19, 2012. If an employer hires a veteran after May 22nd, tax form 8850 would need to be filed within 28 days of the veteran’s first day of employment. Other IRS forms would also need to be completed to obtain the credit, including 5884 and 3800.

Depending on how the medical practice files its taxes, this credit can apply to the year in which the veteran was hired or the quarter in which he or she worked. Eligible employers include for-profitmedical practices, partnerships, and S-corporations, or tax exempt organizations.

Other Benefits of Hiring Veterans

Whether your business is eligible for tax credits or not, there are plenty of benefits to hiring veterans. According to the annual report issued on March 22, 2011 by the Bureau of Labor Statistics, the unemployment rate for veterans is 11.5% compared to 9.4% for non-veterans. That coupled with the tax credit, which can help to offset other employee-related costs, like insurance premiums, makes two good reasons to hire a vet. Hiring veterans is also a good way to honor them for their military service. Finally, veterans generally have strong problem solving skills and are able to perform well under stress.