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Making Compliance News
July 2003

The Wild, Wild “Mid-West”
 

Imagine you are standing in the bank teller line and you turn to look behind you and you notice the person behind you with a “bulging jacket.” Has he had one too many doughnuts or is he “packing heat?” Should you notify the bank guard or scream, “Hey everybody, he’s got a gun?”

 

Well, if you were in the state of Minnesota, you’d better not because now it’s LEGAL to carry a concealed weapon in most public places!

 

According to the Human Resources Management HRM NetNews Newsletter on June 16, 2003, the law, which took effect at the end of May, is called the Citizens’ Personal Protection Act of 2003. This new “conceal and carry” law is wreaking havoc with HR professionals’ peace of mind in Minnesota. It changes Minnesota policy regarding carrying concealed handguns to a “shall issue” policy. This makes it easier, as a general rule, for many adults to obtain concealed weapon permits to lawfully carry a gun in most public places, which mean public and private properties that are open to or made available for use by the public, including most businesses and employers.

 

If a Minnesota private employer doesn’t want his employees to carry concealed handguns in the workplace, he may establish a policy that restricts carrying or possessing firearms by employees while acting in the “course and scope of their employment,” including while driving a company vehicle or using a private vehicle for company purposes.

no handguns poster
Federal Handguns Poster

An employer may not, however, prohibit the carrying or possession of weapons in its parking lots. And, if the company is open to the public, it may only prohibit customers, vendors, or others who visit the premises from carrying concealed weapons if it posts a notice banning guns at every entrance to the facility and personally informs individuals of the posted request.

 

gun ban poster
For information on our Minnesota poster prohibiting the carrying of guns into a private establishment and Minnesota’s

MN Handguns Poster

Transgender Discrimination
Transgender activists are celebrating a milestone in the history of the Gay/Lesbian/Transgender Community. After years of confrontation to one extent or another, the major transgender groups are formally committed to including gender identity and gender expression in all legislative efforts.

According to the Transgender Law and Policy Institute, there are currently 60 U.S. jurisdictions with laws prohibiting discrimination on the basis of gender identity or expression. They include three states (Minnesota, Rhode Island, and New Mexico), nine counties, and 48 cities in the U.S.

The Employment Nondiscrimination Act (ENDA) is included in the language of most jurisdictions, which made for some interesting cases. Let’s take Leona Helmsley, the famous New York City hotelier and real estate tycoon, for example.

Michelangelo Signorile, a columnist known for writing on gay politics and culture, wrote that the “former manager of the Park Lane Hotel, Charles Bell, is suing his one-time boss for 40 million bucks, saying she fired him because he is gay. Helmsley counters that Bell's dismissal had nothing to do with his sexual orientation—she has, after all, many adoring, if well-paid, gay employees, some of whom are testifying on her behalf—but rather, she claims, because he supposedly lied on his resume and used drugs.” Only a jury will be able to decide the fate of Mr. Bell and Ms. Helmsley but suffice to say that it behooves all types of businesses to ensure that they are NOT discriminating with regard to their state’s definition of gender identity and gender expression.

For example, the California Senate Judiciary Committee passed the Golden State’s trans rights bill out of committee on a 5-2 vote on June 17, 2003. The bill, now in its third year, heads to the senate floor, where it will eventually be joined by the two other major gay rights bills that—like the trans bill—have already passed the state assembly. One bill will expand the state’s domestic partner registry to come close to the status of marriage. The other will require contractors doing business with the state to offer the same benefits to gay and straight staff.

It is important for an HR manager not only to comply with state and local non-discrimination mandates but also to effectively communicate your company’s policy to employees.

Update on Compliance Poster’s State/Federal/Specialty Posters
Recent changes have been made to the following State/Federal postings, please contact your Compliance Poster Representative to make sure that you are in full compliance.

  • Federal: Revised Equal Employment Opportunity is the Law
  • North Dakota: Revised Unemployment posting
  • North Carolina: NEW! Spanish All-On-One State and Federal poster available
  • South Carolina: NEW! Right-to-Work
  • Massachusetts NEW! "Your Rights Under the Small Necessities Leave Act" This posting is required if an employer has 50 or more employees within 75 miles of the worksite of the employee requesting the leave.
  • Missouri: Revised Workers' Compensation posting
  • Choke-Saving poster: Updated Poster available

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