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5 Necessary Policies for your Employee Handbook

There are several provisions that just about all employee handbooks should include. Let’s simply cover the top five. There are certainly numerous other important provisions to include in an employee handbook, but these five are critical and provide important protections for employers (both nonprofit and for-profit).

The employee handbook should make it clear it is NOT a contract. The employee handbook needs a “disclaimer.”

Under Iowa law it’s critically important to point out that the employee handbook is just that–a handbook–and not an employment contract. And, the employee handbook should not make any promises about continued employment. Consider using language similar to this:

I understand and agree that nothing in the Employee Handbook creates, or is intended to create, a promise or representation of continued employment and that employment at [Nonprofit/Company] is employment at will, which may be terminated at the will of either [Nonprofit/Company] or myself. Furthermore, I acknowledge that this handbook is neither a contract of employment nor a legal document.

When is an Employee Handbook not an Employee Handbook?

The employee handbook should make clear it trumps other, older policies and provisions. The employee handbook needs a “superseding” provision.

The employee handbook should make clear that it includes the most up-to-date guidance on company policies. Wording like this may be helpful:

This handbook and the policies and procedures contained herein supersede any and all prior practices, oral, or written representations, or statements regarding the terms and conditions of my employment with [Nonprofit/Company]. By distributing this handbook, [Nonprofit/Company] expressly revokes any and all previous policies and procedures that are inconsistent with those contained herein.

The employee handbook should make clear it is subject to change. It needs “wiggle room” language.

Paperwork on table

The policies in the handbook may well be subject to change. Of course, new issues arise, and you may need to make revisions. Consider using something like the following:

I understand that, except for employment-at-will status, any and all policies and practices may be changed at any time by [Nonprofit/Company], and [Nonprofit/Company] reserves the right to change my hours, wages, and working conditions at any time. All such changes will be communicated through official notices, and I understand that revised information may supersede, modify, or eliminate existing policies.

The employee handbook should make clear that employees are “at will.”

The employee handbook must be unambiguous about employees’ at will status:

Your employment is not for any specific time and may be terminated at will with or without cause and without prior notice by [Nonprofit/Company].

The employee handbook should contain an acknowledgment page.

Paper and computer

It is important the employee handbook includes an acknowledgment page that the employee signs and returns. The acknowledgment page should state that the employee understands it is his or her responsibility to read and follow the policies. The acknowledgment page should also be able to be separated from the handbook so that it can be signed by the employee and saved in the employee’s personnel file. Wording like this might be helpful:

I have received the handbook, and I understand that it is my responsibility to read and comply with the policies contained in this handbook and any revisions made to it.

________________________________________
Employee’s Signature

________________________________________
Employee’s Name (Print)

____________________
Date

TO BE PLACED IN EMPLOYEE’S PERSONNEL FILE

Does your employee handbook contain these five provisions? Why or why not? I’d love to hear from you. Give me a call at 515-371-6077 or email me at gordon@gordonfischerlawfirm.com.

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6 of the Scariest Things Your Nonprofit Can Do

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Girl holding scary pumpkin

Horrifying. Blood curdling. Hair raising.

These are just a few of the adjectives that can be used to describe six of the scariest things your nonprofit can do (or fail to do). As a lawyer who regularly works with nonprofit organizations to help them succeed in pursuing their missions, these six items literally haunt my nightmares.

  1. Failing to have an employee handbook with necessary policies.

Spine chilling!

Seriously? How can you NOT have an employee handbook? An employee handbook (even if you have but a single employee) makes clear the rights and responsibilities of both the employer and employee. So many disputes can be avoided by a clear, easy-to-read, and direct employee handbook. One of your best bets to fight off this spooky scenario is to get my free guide to developing a quality employee handbook!

5 Necessary Policies for your Employee Handbook

  1. Merely copying a handbook off the Internet or “borrowing” it from another nonprofit.

Very eerie!

This is about as bad as not having a handbook at all! Just grabbing a random handbook and adopting it as your own makes as much sense as picking up a random hitchhiker on a foggy night. Others’ employee handbooks may have provisions you don’t need, or worse, ones you don’t want.

I once reviewed a handbook for small-but-sincere nonprofit that worked with the homeless. Several times in the handbook, quite specific medical terms came up—there was a HIPPA provision, there was talk about medical certifications, medical training, and proper handling of medical records. I realized, with a shock, this nonprofit had “borrowed” a handbook from a hospital.

How much faith or confidence will employees have in an employee handbook that’s filled with irrelevant stuff that clearly doesn’t apply to them at all? This is scary stuff, folks, very scary stuff.

Scary skeleton skull

  1. Failing to have an appropriate disclaimer in your nonprofit’s employee handbook

Truly frightening!

An employee handbook is just an employee handbook . . . or so you may think. But, what happens when it doesn’t have an appropriate “disclaimer?”

An employee handbook may constitute an employment contract! If you think about it, an employee handbook has all the elements of a contract—it’s written, it’s specific, it “promises” certain things will (or won’t) happen. It’s even “signed” by the nonprofit/company.

So, an employee handbook could actually be considered a unilateral employment contract unless the employer includes an appropriate disclaimer. Make sure you do so.

When is an Employee Handbook not an Employee Handbook?

  1. Not having adequate job descriptions

Terrifying!

Job descriptions are so important – for the same or similar reasons that employee handbooks themselves are needed. Job descriptions lay out in writing what is required of employees.

Job descriptions are also helpful in relation to what is now-called the American with Disabilities Act Amendments Act (ADAAA). Job descriptions demonstrate the “essential functions” (as opposed to non-essential) job functions of each position.

Also, strongly consider job descriptions for board members.

  1. Failing to have an acknowledgement page in your nonprofit’s employee handbook

Dreadful!

It is critically important your employee handbook include an acknowledgment page that the employee signs and returns. The acknowledgement page should state that the employee understands it is his or her responsibility to both read and follow the policies. The acknowledgement page should be able to be separated from the handbook, so that it can be signed by the employee and saved in the employee’s personnel file.

harvest moon

  1. Not making absolutely clear that your new employee handbook supersedes other, older policies

Ghastly!

Your nonprofit’s new employee handbook must make clear it trumps other, older policies and provisions. The employee handbook needs a “superseding” provision. This provision must state unambiguously this employee handbook is indeed the most up-to-date guidance on your nonprofit’s policies.

ghost in coffee mug

Wow, that was super scary!

After writing this post, I probably won’t sleep well tonight. But, if you follow these six pieces of advice you’ll rest easy knowing that you’re more likely avoid the nonprofit graveyard. If you’re facing these spooky scenarios don’t hesitate to reach out by phone (515-371-6077) or email to schedule a free consultation. You can also

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Nonprofit Document Drafting: 2 Common Problems to Avoid

compass over land

Forming a new nonprofit can involve a lot of organization and decision making. There are some essentials you need to put in place, including two important documents—articles of incorporation and bylaws. I would be remiss if I didn’t delve into a couple of mistakes I often run across when reviewing nonprofits’ articles and bylaws.

volunteers walking in field

DIY Internet-Sourced Documents

Some nonprofits pull their articles of incorporation and bylaws from the Internet. These may or may not have all the Iowa-specific info required. Also, there may be provisions that simply don’t apply. For example, if a “regular” nonprofit copies governing documents from a granting nonprofit, like a community foundation, there’s sure to be language that doesn’t fit.

Pulling articles of incorporation off the web may seem cheap and time-saving, upfront. But, if mistakes and oversights from the template render the document ineffective or lacking legal requirements, you’ll be way worse off than if you just enlisted a nonprofit attorney to draft your articles suited to your organization’s unique needs, goals, and mission.

Build an Even Better Nonprofit in Iowa

Misplaced Provisions

This may go along with copying off the web. There are sometimes provisions in bylaws and articles that belong somewhere else—the governing documents aren’t the proper place for them. For example, I sometimes see employee rules in articles/bylaws. Generally speaking, employment provisions belong in an employee handbook or employment contract. The same goes for certain policies and procedures such as those on document retention and the whistleblower process. A nonprofit should definitely have these policies, but they don’t fit in the foundational documents.

arrow to the left

So, How Do I Go About Avoiding Mistakes in my Formational Documents?

Each organization is unique and it’s wise to enlist someone (like an attorney well-versed in nonprofit law!) to draft a quality, comprehensive set of documents personalized for your particular situation.

Nonprofit Policy Special: 10 for Form 990

Questions? Want to learn more about turning your dream of an organization that makes a significant impact or positive change? Grab my complimentary Nonprofit Formation Guide and then contact GFLF for a free consult!

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8 Clauses That Should be in Every Executive’s Employee Agreement

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business man with coffee

One time I gave a presentation to a group of professionals on “Essential Eight: Clauses That Should be in Every Executive’s Contract.” From my experience in nonprofit formation and compliance, it’s clear that great employment relationships start with smart employee agreements. This goes for both private and public, for-profit and nonprofit, organizations. An employee agreement ultimately benefits both the executive hire and the organization as it can minimize risk for both parties. (Remember, an employee handbook is entirely different than an employee agreement and certainly shouldn’t be mistaken for one!)

When is an Employee Handbook not an Employee Handbook?

A good employment agreement should clearly spell out the terms of the employment relationship and should include (in some form of wording or another) the following eight clauses highlighted below.

Executive employee agreement essential 8

Executive employee agreement essential 8 second half

Dispute resolution and forum selection sound a bit confusing? I would be happy to discuss these clauses in detail with you if you’re getting ready to hire a new executive, forming a new nonprofit, or are updating employee agreements. It’s never too early or too late to make sure you maximize the power of the employee agreement.

Contact me at any time to take me up on my offer for a free one hour consult!

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When is an Employee Handbook not an Employee Handbook?

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employees as a desk

An employee handbook is just an employee handbook…or so you may think. But, what happens when it doesn’t have an appropriate “disclaimer?”

Incorporate a Disclaimer

In addition to smart employment policies, all nonprofit entities should develop an employee handbook as a part of the onboarding/training process for all employees. The handbook, like other employment policies, serve the purpose of capturing the values you wish to instill in your workforce, outline the standards of behavior you expect, and provide a clear guide for rights and responsibilities.

Smart Employment Policies for Nonprofits

That said, an employee handbook can actually be considered an employment contract if you’re not careful. And, to best set out the parameters of the employment relationship, it’s best if the handbook and contract are two different documents.

If you think about it, an employee handbook has all the elements of a contract—it’s written, it’s specific, it “promises” certain things will (or won’t) happen. It’s even “signed” by the nonprofit/company.

An employee handbook could actually be considered a unilateral employment contract unless the employer includes an appropriate disclaimer, with wording like this:

“The policies, procedures and standard practices described in this manual are not conditions of employment.  This manual does not create an express or implied contract between the Nonprofit/Company and employees.  Nonprofit/Company reserves the right to terminate any employee, at any time, with or without notice or procedure, for any reason deemed by the Nonprofit/Company to be in the best interests of the Nonprofit/Company.”

Reasons to Enlist an Attorney to Write your Nonprofit’s Policies

Free Employee Handbook Sample

To make all of this more salient, I’ve compiled a free Employee Handbook guide that you can use as a sample guide to better understand how a handbook and a contract or agreement differ.

There are many reasons why an employee handbook should be just that and not also serve as an employment contract. I would be happy to review the employment documents you currently have in place or outline what documents your nonprofit needs, to ensure you have the best possible foundation for legal compliance. Shoot me an email (gordon@gordonfischerlawfirm.com) or give me a call (515-371-6077) and we’ll get your free (no-obligation) one-hour consultation scheduled.

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Expert Employers: Absenteeism & the Americans with Disabilities Act (ADA)

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man stretching at desk

For decades, employers enjoyed very wide latitude in disciplining and firing employees for attendance problems, even if the absenteeism was the result of illness or injury. That latitude has been significantly altered since the passage of the Americans with Disabilities Act (ADA) in 1990. Let’s explore how some of the policy implications of the civil rights law play out in the workplace. Don’t forget the ADA applies to nonprofit employers too, and non-compliance is not an option!

ADA Coverage

The ADA protects only “qualified individuals with a disability.” Disabilities as defined under the ADA can mean either physical or mental impairment that substantially limit one or more major life activities. It can also mean an individual who has a record of such an impairment or is regarded as having such an impairment.

 

group of people in line

A qualified individual must be able to perform essential functions of the job, with or without reasonable accommodation. What’s a reasonable accommodation? It may include the following (but is certainly not limited to):

  • Making existing employee facilities readily accessible for use by persons with disabilities
  • Modifications to work schedule
  • Job restructuring
  • Appropriate reassignment to a vacant position
  • Acquiring/modifying equipment or devices
  • Adjusting/modifying examinations, training materials, or policies
  • Providing qualified readers or interpreters

Tension Between ADA and Absenteeism

It can be difficult when an employee is absent for a health reason, and co-workers must pick up the slack, or the work simply goes unfinished. But, the employer risks violating the ADA if the company terminates or disciplines such an employee without first considering whether the employee is a “qualified individual with a disability.” If the answer is yes, the employee does fall under the ADA umbrella, then the employer must consider whether they can reasonably accommodate the employee. An employer is required to make a reasonable accommodation to the known disability of a qualified employee, if it would not impose an “undue hardship” on the employer’s operation. Yet another term that sounds ambiguous at its face, undue hardship is defined as an action requiring significant expense or difficulty with regard to things like the structure of its operation, employer’s size, financial resources, and nature of the industry.

Employers are NOT required to make an accommodation if it would mean lowering quality or production standards. (They’re also not required to provide personal items for use, like hearing aids.)

Of course, not all persons with a disability will need the same kinds of accommodation. Some examples relating to absenteeism include:

  • Abe was diagnosed with cancer and will be absent as he undergoes chemotherapy.
  • Betty has a chronic medical impairment in the form of diabetes and will need to attend related medical appointments in regular intervals.
  • Charlie deals with major depressive disorder, and a recent exacerbation of symptoms means he’ll need time to recuperate.
  • Diana will also need time to recover from surgery for her chronic back condition.

Practice Pointers

To control attendance problems without violating the ADA, you should:

  • Evaluate each situation (that is, whether the employee is qualified, disabled, or whether you can provide a reasonable accommodation) on a case-by-case basis while acting as consistently as possible with past practice and in accordance with your attendance policy;
  • Have a written attendance policy that emphasizes the necessity of good attendance, but also provides you with flexibility that you might need to accommodate a qualified individual with a disability;
  • Maintain accurate records of all absences, including a separate and confidential file for any medical certifications or medical information relating to an employee’s absences;
  • Be aware of the interplay between business/nonprofit policies and state and federal laws; and
  • Call your attorney when you have questions about your duties under the ADA. The saying, “An ounce of prevention is worth a pound of cure,” is smart to keep in mind!

Smart Employers Seek Advice

Again, nonprofit employers, remember the ADA applies to you too! The ADA can be a complex law, and it can get even trickier when trying to accommodate appropriately for absenteeism, while balancing business/nonprofit operations. Know you don’t have to navigate it alone. Questions? In need of counsel? Don’t hesitate to contact me.

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Smart Employment Policies for Nonprofits

man holding glasses talking about employment policies

Employment policies are vital to the well-being of your nonprofit. Such policies set workplace expectations, define work guidelines, reduce or eliminate confusion and misunderstanding, and provide steps for any necessary disciplinary action. Because every nonprofit organization is unique, your organization may well need a particular set of specific policies. However, the following are the general ones that benefit most all nonprofits.

Benefits of Employment Policies

An official set of employment policies provides many benefits for your nonprofit. For nonprofit employers, policies capture the values you wish to instill in your workforce, outline the standards of behavior you expect, and provide a clear guide for rights and responsibilities.

Instituting strong, fair, and unambiguous policies not only contributes to a happier workforce it can also improve employee retention. Further, employment law is vast, complicated, and can be tricky to navigate. Well-drafted employment policies can also help you avoid legal issues and costly mistakes.

Employee Handbook

Employee handbooks are not required by law, but having one is in the best interest of your nonprofit and those who work for you— even if you have just one employee! A good employee handbook effectively communicates the nonprofit’s policies and procedures and makes clear the rights and responsibilities of employees in your organization. Many disputes can be avoided by a clear, easy-to-read, and straightforward employee handbook.

When is an employee handbook not an employee handbook?

Employment Agreement

Not to be confused with the handbook, an employment agreement sets the conditions, terms, and obligations between you as the employer and an employee. Employment agreements often include details regarding salary, benefits, paid time off, work schedule, mandatory mediation/arbitration, and defining the at-will employment relationship. Employment agreements need to be individualized to suit each employment relationship. It is considered a binding contract that should be administered in writing and signed by both employer and employee.

Formal Performance Review

Formal performance reviews are an assessment of an employee by a supervisor and the employee themselves. It’s a two-way, not a one-way discussion! The review should be based on jointly pre-determined goals and performance objectives. While often overlooked (and sometimes dreaded), performance reviews are of great value to nonprofit employers and their employees.

three people at table talking over computers

You should have in place a standardized form and consistent processes for conducting individual performance reviews of all employees. Evaluating the quality of an individual’s work, ability to meet goals, communication skills, adherence to your nonprofit’s mission, attendance, and dependability, among other criteria, is key to effective workforce management and to building trust with employees. You may also consider whether performance reviews for board members would be advantageous to the organization.

Employee Personnel File

A personnel file is a hard copy folder and/or digital file that contains information related to every new, existing, and former employee. Knowing what needs to be stored (and what should not) in a secure personnel file will help your nonprofit in promotion and termination decisions; provide a means of tracking vacations, training, and achievements; and is necessary to comply with regulations.

A personnel file should only contain items related to his or her job or employment status. These include, but are not limited to:

  • Application and resume
  • Signed acknowledgment page from the employee handbook
  • Pay information including time sheets, W-4s, and withholding forms

Just as important as having the right information in a personnel file, is to avoid placing the wrong documents in a personnel file. Some items that should not be in an employee’s personnel file include:

  • Medical information and accommodation requests
  • Whistleblower complaints
  • Court orders, such as garnishment or restraining orders

Build an Even Better Nonprofit in Iowa

Independent Contractor Agreement

Self-employed, freelancer, consultant…people who provide goods or services to your nonprofit, but are not your employees, are considered independent contractors. Independent contractors differ from employees in that they control their financial and work-related relationships and pay their own self-employment, Social Security, and Medicare taxes.

When you hire an independent contractor, you should have a written and signed contract that clearly outlines the scope of work, rate/payment, severability, deliverables, and clearly identifies the person as an independent contractor. Also, you can minimize and avoid legal liability by placing the right provisions in an independent contractor agreement.

three employees talking at cafe table

Updating Employment Policies & Additional Policies You Need

If you already have some (or even all) of the above-listed employment policies in place, when were they last updated? Think about the many ways your organization has changed since they were written, including new employees you hired and existing employees whose roles have evolved.

Changes to state and federal laws may have rendered some elements of your employment policies incomplete or out of compliance. It may be high time to renew your commitment to a productive, happy workplace by revising employment policies.

Also, be aware this memo discusses only employment policies. To work toward optimal IRS compliance, you should adopt the nine key policies and procedures which appear on IRS Form 990. Also, you should consider having documents in place relating to the organization’s ethics, grantors and grantees, endowment management, and legal training for board directors.

Reasons to Enlist an Attorney to Write your Nonprofit’s Policies

To discuss further, please don’t hesitate to contact me via email (gordon@gordonfischerlawfirm.com) or on my cell phone (515-371-6077). I’d be happy to speak more to the particulars of employment policies, with you at your convenience.

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Build an Even Better Nonprofit in Iowa

volunteers walking on grass

Even if you don’t work at a nonprofit organization, undoubtedly you know someone who does! There are more than 26,361 nonprofit organizations (including public charities, private and public foundations, civic leagues, chamber of commerce, veterans organizations, and others) in Iowa. Nonprofits not only make our state and world a better place to live, they also make a substantial economic impact in Iowa. The nonprofit sector employs 135,300 people (11% of the total workforce) and generates annual revenue of more than $20.3 billion (according to data from 2016)!

I founded Gordon Fischer Law Firm with a dream of a legal practice that involved consistently strives to promote and maximize charitable giving. A big part of that mission is assisting nonprofit organizations of all creeds and sizes be successful through all stages of operation. From formation to hiring, board building and donor retention, to legal compliance and facilitation of charitable gifts, GFLF is here to help nonprofits build up to be the best they can be. So, if not for your own use, pass along the good word of our services to just one person you know in the nonprofit sector, be it an executive, fundraiser, board member, or active volunteer! Click the image below to get an easily shareable PDF on how to build a better nonprofit.

Build a better nonprofit

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Hiring at Your Nonprofit? Interview Smart From the Start

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shaking hands over interview table

As a candidate for a job, we all remember those pre-interview jitters. You’re worried you’re going to say something awkward, fail to demonstrate your aptitude and experience, or show up at the wrong time in the wrong place. Maybe your resume has grammatical errors, or you’ll have food stuck in your teeth. And, then there’s that anxious thought that you may completely freeze up when asked a question!

But, the interview is not just a daunting affair for the prospective candidate. On the other side of the interview table, the process can also be worrisome to the interviewer! Employers want to make sure they’re hiring the most qualified candidate for the job, while also assessing if the prospective employee is aligned with the organization’s mission and will fit well with company culture. To achieve this, employers (for non and for-profits alike) must be well informed on how to conduct an effective interview. An effective interview requires at least two major components from the employer: carefully prepared interview questions and carefully phrased interview questions.

Choose interview questions with care

shaking hands over table with computer

Carefully prepared interview questions require the employer to determine the critical success factors of the job. Prior to the interview, employers should formulate a detailed job description along with a list of the qualities, skills, certifications/degrees, and previous work experience they are looking for in a candidate. From this, an employer should be able to formulate questions in advance, some open-ended and some not, to ask the candidates.

Avoid certain interview questions like the plague

If you’re hiring for a position you may feel like you can just wing it–one less thing on your to-do list, right? Wrong. There are interview questions and practices that could make the organization a likely target of an employment or discrimination lawsuit. While not illegal in the strictest interpretation of the word, any questions related to the following should be avoided at all costs:

  • Race and ethnicity
  • Sex and gender
  • Race
  • Country of birth/origin
  • Religion
  • Disability
  • Age
  • Marital/family status/pregnancy

Why are questions related to these topics not okay?

Phrase interview questions with care

As an employer, it’s not just what you ask, but how you phrase it. Let’s cover a couple examples:

Age

  • You cannot ask: How old are you?
  • You can ask: Are you over 18?

Asking a candidate about their exact age can lead to accusations of age discrimination or even unconscious ageism bias in hiring.

The concern here can be whether the candidate is old enough to perform the work they are interviewing for, so ensuring that the candidate is legally old enough to work is sufficient. Child labor laws exist to prevent exploitation of minors and mean to make sure education is a higher priority for minor students than work. So, if your organization is considering hiring minors for entry-level part-time roles, make sure you have full understanding of the restrictions on the types of work that can be completed, maximum working hours, and late-night work hours limitations. For instance, work permits are mandatory in Iowa for minors under 16 and violations of limitations and permits come with civil penalties.

watch on wrist

Of course, age discrimination can go the other way too. For instance:

  • You can’t ask: How long do you plan to work until you retire?
  • You can ask: What are your long-term career goals?

According to a survey of older workers by the AARP, not getting hired is the most common type of age discrimination they experienced. An additional 12 percent of older workers say they missed out on a promotion because of age, and eight percent say they were laid off or fired due to their age.

Children and family

  • You cannot ask: Do you have children?
  • You can ask: Are you available to work overtime on occasion? Can you travel for work?

Asking a candidate about children can lead to gender and/or family discrimination. The fact that someone does or does not have children should have no bearing on consideration of the candidate.  The concern here is whether family obligations will interfere with work. Asking directly about the candidate’s availability should be sufficient.

In a similar thread, you cannot ask a female candidate if/when they plan to become pregnant. The Pregnancy Discrimination Act means employers cannot discriminate on the basis of childbirth, pregnancy, or medical conditions related to pregnancy.

two kids on scooters

As an employer, you also cannot condone Family Responsibilities Discrimination against caregivers under the Family and Medical Leave Act (FMLA). This means prohibiting discrimination against prospective and current employees who take leave from work if they have to care for a new baby, aging parent, or sick kid.

Marriage

No one is required to tell you as an employer their marital status or any marriage plans.

  • You can’t ask a female candidate: What’s your maiden name?
  • You can ask: Have you ever graduated or held a job under a different name?

Marriage - bride and groom

Physical abilities & health

  • You can’t ask: How tall are you and how much do you weigh?
  • You can ask: Are you able to perform the specific duties of this position such as lift a box weighing 50 pounds or reach items on a certain size shelf.

Asking for personal details about someone like their weight or height aren’t just “banned,” but they can so be incredibly uncomfortable for the interviewee. Some jobs do require specific physical abilities, but don’t make assumptions about a candidate based on appearance. Ask only direct questions related to what’s required of them.

person walking down path

The Americans with Disabilities Act (ADA) is another super important employment-related law under this category, as it prohibits workplace discrimination based on a person’s disabilities. The ADA defines disability as, “A physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.” A good question to ask avoid questioning physical abilities while still gauging if the candidate can perform the job is: “Are you able to perform the essential functions of this job with or without reasonable accommodations?”

Transportation & residence

people on subway train

  • You can’t ask: How far is your commute?
  • You can ask: Are you able to start work at 8 a.m.? Or, are you willing to relocate?

Asking a candidate about where they reside can lead to location discrimination. The concern here should be whether the candidate can regularly show up to work on time. Ensuring that the candidate is able to make it to work on time for a shift or open of business is sufficient.

What else can you ask?

Don’t let all of this scare you off from interviewing and hiring the great people you need to carry out your mission! There are plenty of questions you ask that get to the important stuff related to qualifications, experience, behavior characteristics, and career goals, such as:

  • Tell me about your past work experience.
  • What are you looking to gain from this position?
  • Tell me about you previous experience managing teams.
  • What languages do you speak, read, and/or write fluently?
  • Previously, have you ever been disciplined for violating company policies regarding the use of alcohol or tobacco products?
  • Tell me how you became interested in this industry?

By carefully preparing and phrasing questions in an interview setting, nonprofit employers can minimize legal risks while eliciting information they actually need from job candidates to inform successful hiring decisions!

Interview with the right intel

two people sitting at table

It’s okay to have questions about nonprofit employment decisions like the interview process. It’s better to do it right and be legally prepared for it from the beginning to protect your organization against allegations of discrimination and potential litigation. This dedication to excellence in employment law should then extend through the entire employment process with tools like the ever-important employee handbook and well-crafted executive agreements.

Don’t hesitate to reach out to GFLF via email or by phone (515-371-6077)

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Now Hiring: 4 Reasons Your Nonprofit Needs Job Descriptions

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red for hire sign

It may sound basic, obvious even, but if your nonprofit organization is hiring any employee or independent contractor, you NEED to have job descriptions for each role. And, not just basic job descriptions, but comprehensive overviews of the open position. Be it a position for chief executive officer, marketing manager, or programs director, the advice remains the same.

8 Clauses That Should be in Every Executive’s Employee Agreement

Job descriptions are in part a legal protection, and in part a primary means for announcing the open position to both internal and external stakeholders which is going to help you find or recruit the best candidates for the organization. If that’s not enough to convince you, consider these four major reasons:

  1. Job descriptions can be used as a basis for objective performance management. It provides both management and employees a shared understanding of the duties of the position.
  2. Job descriptions assist in making sure staff duties align with your organization’s overall mission and vision.
  3. When conducting interviews, job descriptions can, and should, inform the development of interview questions.
  4. Job descriptions can be the foundation of a compensation system that accurately reflects employees’ qualifications and responsibilities in the organization.

woman working on computer

I’m here to assist you and your organization on the legal aspects of nonprofit employment ranging from new hires, to employee handbook, to employment contracts. Don’t hesitate to contact me via email or phone (515-371-6077). We’ll schedule your free one-hour consultation and make a plan to set your organization up for success!

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