Know Your Responsibilities: Ethics & Fiduciary Duties for HR

Anne H. Williams, Attorney

New and alarming trends are changing the way you manage your workforce and demanding your attention. These trends are too complex and critical to cover fully in a monthly newsletter. That's why we created HR Executive Special Reports.

About the Report
In the wake of the Enron scandal and other alleged incidents of corporate wrongdoing, it is more crucial than ever to run an ethical organization. This timely report covers such critical topics as the value of running an ethical organization, how to establish a corporate ethics program, how to handle common ethical dilemmas faced by HR professionals, and much more.

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Table of Contents:

1. ETHICS IN THE WORKPLACE
The Need for Corporate Ethics
The Importance of Being Fair
Establish Clearly Defined Employee Policies
Apply Policies Evenhandedly

2. HOW TO ESTABLISH A CORPORATE ETHICS PROGRAM
Draft an Ethics Policy
Implement Your Ethics Policy
Understand Your Obligations Under the Sarbanes-Oxley Act
How to Get Top Brass Involved in Ethics
Who Monitors Ethics?

3. MAINTAIN INTEGRITY IN ALL PROCESSES
Implement Basic Safeguards in Your Hiring Process
Integrity in Evaluations and Discipline
Handle Terminations with Integrity
Carefully Consider Layoffs

4. ETHICAL SITUATIONS FACED BY HR PROFESSIONALS
Employee References
Safety Hazards
Financial Dealings
Confidentiality of Information

5. ETHICS AND EMPLOYEES
At-Work Behavior
Outside-of-Work Activities
Whistle-Blowing

6. ETHICS IN EMPLOYEE BENEFITS AND COMPENSATION
Ethics with a Bite to It
Are You a Fiduciary?
What Are the Duties of a Fiduciary?
Employer Functions vs. Fiduciary Functions
The Bonding Requirement
Penalties for Breaching a Fiduciary Duty
Sarbanes-Oxley Act Issues