GNYADA March 2018 Newsletter Including Special Auto Show Edition

11 Harassment Reporting Policies Protect Dealers and Employees

Key Components of a Reporting Policy Dealers cannot intervene or take disciplinary action when harassment or discrimination occurs unless they are aware of the incidents that take place. Therefore, a policy for reporting harassment and discrimination should: Be explained in detail in the employee handbook. Designate managers and supervisors to whom employ- ees may bring complaints. It is important to have mul- tiple avenues for reporting harassment, particularly if someone in the reporting chain is alleged to be the harasser. Give employees the option to complain either orally or in writing. If a complaint is made orally, the person receiving it should create a written record for the pur- pose of tracking the progression of events. The above actions are important indications that your dealership takes all complaints of harassment serious- ly, as dealers are legally required to do. n n n n While sexual harassment has been making headlines, other forms of harassment can be just as harmful and costly to businesses. It’s critical for dealers to have a system in place that allows incidents of harassment and discrimination to be easily reported. Drafting, communi- cating, and enforcing such a policy can protect a dealer- ship from costly penalties for individual bad actors.

In a recent hostile workplace case, an African- American employee was subjected to highly offensive behavior from coworkers, including the use of racial slurs and references to hate groups. The employee complained and the employer, in accordance with the anti-harass- ment policy, investigated. The coworkers were either disciplined or fired. The employee then sued the employer for fostering a racially hostile work environment; since the employee did not report the harassment right away, which the policy required, the court found in favor of the employer. The court also noted that the employer acted promptly once the incidents were reported.

Jim McGrath of Putney, Twombly, Hall & Hirson and Alexander Leonard, of Fox Rothschild LLP will be dis- cussing this and related topics at the Spring Labor Law Seminar on May 17, 2019. To register, call 718.746.5900 or email Kelsey@gnyada.com.

Make Sure Your Dealership Has a MVAC-Trained Technician 12

An Environmental Protection Agency update that took effect January 1, 2018, says that selling motor vehicle air conditioners (MVACs) to an uncertified technician, or handling them as an uncertified technician, could be a violation of the Clean Air Act. Wholesale sellers are now requiring that MVAC purchasers show that at least one shop technician has been certified. Dealer resources include a list of EPA-approved certification programs ; general information on EPA's MVAC refrigerant management requirements ; and NADA's tried-and-true Dealer Guide to the EPA Mobile Air Conditioning Coolant Recycling Regulation (L30-M).

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • March 2018

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