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glasses on notebook

A nonprofit is obligated, just like any other employer, to conduct an investigation when nonprofit management knows or has reason to know, that an employee is being subjected to discrimination, harassment, or other unlawful conduct in the workplace. That is true even if the complainant never submits a formal written complaint and no witnesses provide written statements. For today, let’s focus on sexual harassment and what steps nonprofits should take to make certain that allegations are handled seriously and followed-up on thoroughly.

What is Sexual Harassment?

The Equal Employment Opportunity Commission (EEOC) defines sexual harassment to include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. It also can include offensive remarks about a person’s gender. Both the victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. The harasser can be the victim’s supervisor, a manager in another area, a co-worker, or even someone who is not an employee, such as a board member, volunteer, donor, or vendor.

Sexual harassment is considered illegal when it is so frequent or severe that it creates a hostile work environment and/or adversely affects the victim’s job, such as being fired or demoted. Iowa courts and administrative agencies ask, “would a reasonable person find the conduct offensive?”

 

What Should a Nonprofit Organization Do When They Receive a Complaint?

A. A thorough and complete investigation

All sexual harassment allegations should, indeed must be investigated. If an organization refuses to investigate, it can obviously be later accused of not taking complaints seriously. A superficial investigation could also send the message to employees that the organization doesn’t care, or is more concerned about protecting a person in power.

B. Contact your insurer

The nonprofit should contact, just as soon as possible, their insurance carrier (all nonprofits at a minimum should carry directors’ and officers’ liability insurance), to provide the insurer “notice of a potential claim.” If the nonprofit does not provide the insurance company with notice, the insurance company won’t have the opportunity to mitigate or address a potential claim. As a result, the insurance company may well have grounds to refuse to cover any resulting liability. Keep in mind too the insurance carrier will usually have an incentive to assist the nonprofit in avoiding legal liability and may offer resources and expertise, potentially even advice of legal counsel.

C. The investigation

The first step to beginning the investigation is to make a plan and determine the scope of the investigation. Questions to ask and answer: Who will investigate? What evidence needs to be collected? What are the main questions the investigator wants to ask? Who will be interviewed? To protect the integrity of the investigation and the credibility of the process, an organization may
want to bring in an outside, independent investigator.

D. Stay neutral

It is very important to stay neutral throughout the process and focus on the alleged conduct, remembering that harassment is subjective. I cannot emphasize enough that the organization should conduct a thorough investigation. Basic steps include preparing interview questions in advance; gathering evidence that might support or negate the complaint like text messages, voicemails, emails, photos, timecards, business expense reports, and social media posts; check past performance evaluations and prior complaints about the accuser and the accused; document every step; and encourage confidentiality, although never make confidentiality mandatory nor “absolutely guarantee” confidentiality.

E. Decision in written report

After an investigation is conducted, the organization will need to weigh the evidence and make a decision. Here the appropriate standard is what’s known as “preponderance of the evidence.” This is otherwise though of is it more likely than not that the incident occurred?

Then the organization should write a report. If the allegations by the accuser are supported, the employer should take immediate and appropriate corrective action. The EEOC recommends that the written report document the investigation process, findings, recommendation, and any disciplinary action imposed as well as any corrective or preventative action. After the nonprofit has submitted the report to the decision-maker and determined the appropriate action, it should follow up with the parties. The organization should tell the person who filed the complaint that appropriate action was taken, even if it can’t share all the details for privacy reasons.

F. NO Retaliation

After an investigation is complete and action is taken, it is very important is to check back with the employee regularly to ensure that no further harassment or retaliation has occurred. It is essential to explain to the victim that the nonprofit will not retaliate, and indeed will protect the victim from retaliation. It is also essential for all involved to understand (especially the alleged harasser) that retaliation is a separate and equally serious violation of the nonprofit’s policies, whether or not the underlying harassment did in fact occur.

G. No retaliation against third parties, such as witnesses

Prohibited retaliation can take place against anyone involved in the investigation, not just the accuser. It can take the form of leaving someone out of activities or decision-making that the person would normally participate in or be as direct as refusing to provide a requested accommodation or terminating employment. It can even be unintentional! A too-common example is moving an individual’s office thinking that by moving the office the employer is “protecting” the alleged victim.

H. Retaliation is the most common mistake

Retaliation for filing a complaint of sexual harassment is the most common mistake employers make in connection with their response to a complaint of sexual harassment. Again, for emphasis: do not retaliate against any employee or independent contractor who participates in the investigation.

Keep Protection Top of Mind

Remember: protecting the harassed employee is exactly the same as protecting the nonprofit. In sexual harassment situations, the best way that the board and executive director can protect the nonprofit is to make sure they find out what’s really going on, and if necessary, punish and remove harassers from the workforce. So, protecting employees is really protecting the nonprofit.

What questions or concerns do you have on this topic? What is your nonprofit doing currently in regards to potential situations such as this? Is it time to make a change or implement quality policies and procedures? Please do not hesitate to contact me via email (gordon@gordonfischerlawfirm.com) or on my cell phone (515-371-6077).

national employee appreciation day

If you manage a nonprofit undoubtedly you recognize that the mission couldn’t be driven forward without the hard work by talented staffers. Indeed, human capital is typically a nonprofit’s greatest asset! Today is National Employee Appreciation Day and the perfect chance to remind your employees that they make a difference. This is also an optimal chance to invest in employee retention; when you find the right people that work well as a team, believe in the mission, and have an admirable work ethic, it is important to keep them happy and engaged.

The nonprofit employee turnover rate is equal to other industries at about 19%. But, unlike other industries, the good news is that 93% of nonprofit employees say they are engaged at work which is three times that of other industries. More good news? 85% of employees who made the switch from a for-profit company to a nonprofit said they planned to continue working in the nonprofit sector long term.

When it comes to nonprofit employment law best practices like an updated employee handbook and quality contracts are essential. But, taking care of your business beyond legal documents is also incredibly important. Here are a few easy ways to invest in your staffers on Employee Appreciation Day and every day:

Break out the Suggestion Box

Sure it’s kind of old school and basic, but a suggestion box can still give employees a chance to share their opinions to make the workplace better. Staffers appreciate the opportunity for another avenue of communication, and acknowledging legit concerns and ideas can only help the organization improve!

employees talking

Build a Better Break Room

Everyone needs a place to take a breather throughout the workday. Whether it’s swapping stories over lunch or sharing posters for upcoming community events, the break room should be inviting, clean, and comfortable. Take a hard look at the status of the break room and determine if furniture should be replaced, decor redone, or appliances upgraded. Even fresh flowers or an improvement in the type of coffee/tea provided can give morale a boost.

A Little Recognition Goes a Long Way

We all loved to be recognized for our achievements, big and small, so do the bragging for your team. Without a doubt, your employees are doing wonderful things outside of the office from starring in the community theater production to coaching their kid’s sports team. Whether it’s a fun, quarterly recognition “party” or a “star wall” where you post compliments/accolades, find what fits with your organization’s culture. This also shows your team you care about them as people, not just as employees.

Thanks a Million!

It may seem obvious, but a simple thank you note can go a long way. Make it handwritten on a nice friendly actual card and it will speak volumes compared to the slog of usual emails.

Fun & Career-Based Rewards

Little rewards for a job well done like a gift card to the movie theater or providing free pizza in the break room just because. Who doesn’t love an unexpected surprise treat? You can also consider career-related rewards, like paying for an employee’s online class of choice or sending them to an industry conference/event. This illustrates your commitment to investing in their continued education and benefits the nonprofit as well!

Any questions related to smart employment practices at your nonprofit? What are your best ideas to celebrate National Employee Appreciation Day? Don’t hesitate to contact me at gordon@gordonfischerlawfirm.com or by phone at 515-371-6077.

marketing strategy

All nonprofits can benefit from smart and targeted outreach to donors and potential donors. This is especially true when donors are increasingly demanding more options when giving. Long gone are the days when nonprofits can simply ask donors to write a check. Rather, current and potential donors want a wide menu of choices when it comes to charitable giving—choices that give them flexibility in the type of gift, in the timing of the gift, in the tool or vehicle that maximizes their tax benefits, and in how to make their support meaningful both to themselves and to the nonprofit.

There are three methods I’ve found that work well for nonprofits to communicate the many ways donors and potential donors can maximize their charitable giving. The communication methods include (1) newsletters; (2) in-person seminars; and (3) website content. Sure, this may seem obvious, but all of these tactics should be well done for the greatest impact. I am happy to advise and assist nonprofits in developing and implementing off of these methods to create an effective and sustainable program for outreach, information, and advocacy.

Newsletters

Nonprofits interested in using newsletters to communicate with donors should start with an up-to-date email list. Next, divide the list into three groups: (1) donors/potential donors; (2) nonprofits and nonprofit personnel; and (3) professional advisors (accountants, financial advisors, insurance agents, and lawyers…anyone who may recommend or advise your nonprofit). Each group would receive its own newsletter tailored according to its connection to the nonprofit, its interests, and the relationship you want to build with it. Generally speaking, sending newsletters one a month is a good balance. More often than this and you become email clutter, less than this and you’re not keeping the nonprofit top of supporters’ minds.

Donors

The newsletter sent to current and potential donors could focus on a specific topic such as the types of and flexibility of gifts the nonprofit accepts; explanation and use of the Endow Iowa tax credit; and giving through estate planning.

Nonprofits

The newsletter sent to nonprofits and related personnel could focus on compliance controls and internal policies, such as:

Professional advisors

The newsletter sent to professional advisors could take deep dives into complex charitable gifting tools such as different charitable remainder trusts (CRATs, CRUTs, NIM-CRUTS, FLIP-CRUTS, etc.), donor-advised funds, and IRA charitable rollover. Illustrating these tools with real-life case studies (with details changed to preserve privacy) will help professional advisors learn how to recognize philanthropic opportunities when presented by their clients.

Seminars

Monthly seminars on charitable giving are a great way to familiarize current and potential donors about what the nonprofit does and to inform them about the many ways their support can be crafted to fit their financial situation, needs, and interests. Holding seminars at the nonprofit’s offices, rather than at a soulless hotel meeting room or corporate campus, has a number of benefits. Visitors can see where the hard work gets accomplished; they can meet staff and volunteers; and overall, they will develop a closer emotional connection to the organization.

Seminars would be customized to the nonprofit’s unique needs and its targeted audience. I have given many nonprofit-focused seminars over the years and am happy to work together to develop the perfect presentation. There are few topics in the area of nonprofits, estate planning, and charitable giving that I do not feel completely comfortable speaking on.

All presentations I give include an engaging visual presentation, handouts, and plenty of time for questions and discussion. I also send slides used in the session to attendees following the training.

In terms of promotion, it’s best to announce the seminar program well in advance, schedule seminars at the same time every month, and hold them at the same location (e.g., the third Thursday of every month, at 8 a.m., at the Nonprofit Offices).

Website Content

There are three topics I recommend every nonprofit website have no matter its size or mission:

  1. charitable giving through estate planning
  2. tools and techniques for charitable gifting
  3. professional advisors

These topics should each have their own webpages.

The “charitable gifting through estate planning” webpage should describe what an estate plan is; how charitable giving happens through an estate plan; the benefits of trusts; and ways to use the beneficiary designations. The page can provide the official and full name of the nonprofit; address; and federal tax ID number. Also, providing sample bequest language can be incredibly helpful to both donors and professional advisors in starting to organize and think through a bequest.

“Tools and techniques for charitable gifting” should describe options aside from checks and credit cards. Short, concise paragraphs should highlight gifting retirement benefit plans; real estate; gifts of grain; charitable remainder trusts; and charitable gift annuities, among others.

The page for professional advisors ideally has a two-fold purpose. First, it is to demonstrate the nonprofit wants to work with professional advisors; that the nonprofit should be seen as another “tool in the toolbox” for professional advisors. Specific examples of ways the nonprofit have previously worked with professional advisors should be provided. Second, it could provide a deep-dive into the charitable gifting tools and techniques discussed earlier: really provide the gritty details, so it’s a valuable resource for professional advisors, complete with case studies.

Cautionary Note: Policies & Procedures

Before tackling these marketing ideas, nonprofits should put first things first, and be in optimal compliance with proper, well-drafted, and up-to-date policies and procedures. These should include the 10 major policies and procedures that support the best possible IRS Form 990 practices (such as public disclosure, gift acceptance, and whistleblowing). Nonprofits should also have documents in place covering the topics of employment, grantors and grantees, and endowment management. Further, nonprofits should provide regular training for boards of directors.

Please do not hesitate to contact me via email (gordon@gordonfischerlawfirm.com) or on my cell phone (515-371-6077). I’d be happy to discuss prospective nonprofit marketing strategies through newsletters, seminars, and website content, with you at your convenience.

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