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USCJ Guide to Ethical Employment Practices

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USCJ Guide to Ethical Employment Practices The United Synagogue of Conservative Judaism Guide To Ethical Employment Practices Joint Subcommittee Dr. Jack Fein, Chair, Public Policy Committee and Primary Author Ed Rudofsky, Chair, Kehilla Affiliations and Standards Committee Arnold Most, Bill Bresnick, Rabbi Leonard Gordon Richard Helfand, Gerald Kobell, Sharon Steinberg Rabbi Paul Drazen, Committee Staff and Editor USCJ Guide to Ethical Employment Practices Table of Contents Page Introduction ................................................................................................................................................. 3 Ethical Principles ......................................................................................................................................... 3 Selecting an Employee ................................................................................................................................ 4 Workplace Discrimination ........................................................................................................................... 4 Sexual Harassment ....................................................................................................................................... 5 Respect for Employees .................................................................................................................................. 5 Labor Issues .................................................................................................................................................. 5 Compensation ............................................................................................................................................... 5 Benefits ......................................................................................................................................................... 5 C.O.L.A ......................................................................................................................................................... 6 Working Hours ............................................................................................................................................ 6 Sick Leave ...................................................................................................................................................... 7 Bereavement /Shiva Leave ........................................................................................................................... 7 Paid Time Off ................................................................................................................................................ 7 Immigration/E-Verification ........................................................................................................................ 8 Safety and environmental issues ................................................................................................................. 8 Worker Safety .............................................................................................................................................. 8 Worker’s Compensation .............................................................................................................................. 9 Children ........................................................................................................................................................ 9 Performance Evaluation .............................................................................................................................. 9 Transparency .............................................................................................................................................. 10 Termination ................................................................................................................................................ 11 References ................................................................................................................................................... 12 2 The USCJ Employment Guide Introduction Ethical Principles This employment guide expresses our concern The tradition expressed in the Torah, Talmud for employees of our member kehillot. Its purpose and rabbinic literature requires that we treat is to assist congregations in recruiting, employees with dignity and value the fruits of maintaining and severing relationships with their labor. The relationship of the kehilla to its employees within the framework of Conservative/ employees must be guided by the values of derekh Masorti Judaism’s shared Jewish values. A eretz (respect for others), kavod ha-briyot (honor companion piece, the Kehilla Employee due to another human being), and recognition Handbook, serves as a template for specific that all people are created b’tzelem elohim (in the language for a kehilla to use in its hiring, drawing spiritual image of the Divine). on the lessons of this guide. Kehillot teach the community by example as A previous USCJ publication addressed well as by precept. The relationship between a contractual relationships with clergy and other congregation and its employees should be marked 1 professional staff . This document addresses by observance of the agreement between the employer-employee relationships which are non- parties and of the spirit of tzedek (righteousness), contractual or “at will.” In that situation there is mishpat (justice), and p’sharah (compromise) an expectation that either the employee or with which Judaism has resolved human employer may end the employment relationship at problems throughout the ages. any time and for any reason. That expectation may be modified in circumstances where an The Choshen Mishpat, the section of the classic employee manual describes specific steps that the Jewish law code Shulchan Arukh, which outlines employer will go through prior to terminating the Jewish business ethics and practice, is a heavily relationship with an employee. It may also be studied section of halakha (Jewish law). Members challenged if there were verbal promises that of the Jewish community are required to obey the employment will be for a specific length of time. “laws of the land2” and the Torah commands In order to maintain an employment-at-will employers to pay employees promptly and workplace, employers should remind employees accurately because their lives depend on it3. in writing about the employment-at-will In the earlier part of the 20th century, Jews relationship at the time of hiring. played a significant role in the American labor It is not our intent in this guide to supplant movement. The demographics of the labor legal authorities based on local or federal labor movement, however, have shifted since those law in the United States, Canada or elsewhere. It earlier days. Even while Jews retain a historical is also not intended to create policies for kehillot connection to the American labor movement, which are not already expressed in their employee Jews — by virtue of their economic and manuals or in other personnel documents. It does, educational ascent — are under-represented in the however, underline our concerns for the welfare of union rank and file, which now consist primarily employees and our expectation that they will be of workers in blue collar and non-management treated with the dignity mandated by Jewish positions. The question for our kehillot now is: tradition. In short, it is a statement of moral given that more of us find ourselves hiring low- principles, not legal requirements; is not intended wage employees than being low-wage employees, to be legally binding on any kehilla; it is not how will we translate our historical connection to intended to create any legal duty to any employee the labor movement into our new roles as owners which the kehilla does not otherwise have under and managers? applicable law. Conservative /Masorti Judaism often looks to the Committee on Jewish Law and Standards (CJLS) to clarify halakha and its application. Teshuvot published by the CLS speak to issues of Dr. Jack Fein, Esq. fair employment and help shape our Principle Author, for the Committee contemporary ethical framework. A responsum authored by Rabbi Jill Jacobs4 and approved by the CJLS (May 28, 2008) 3 provides the following guidance. “... In addition to The Magen Tzedek certification was originally the professional staff such as rabbis and cantors intended to qualify businesses with nonexempt who serve our congregations, low-wage workers employees (i.e., non-supervisory employees who are also members of our communities. are subject to U.S. and Canadian federal wage and Maintenance staff, whom we pay directly or hire hour laws). These standards also mirror fair labor through contracting companies, keep our practices9 that should apply to all employees of buildings clean; security personnel ensure our our kehillot and USCJ itself. The standards safety; and food service staff make our dinners generally exceed legislative minimums, and kiddushes (sic) run smoothly. Many members irrespective of a kehilla’s size and whether it is of our community also own or manage businesses considered exempt from Federal or local statutes. that employ low wage workers in service, production, or other roles. If we are to live our values in our business practices, we should look to Selecting an Employee halacha for guidance in determining how much to pay these employees, how to treat them, and how Our kehillot have a religious mission and serve to approach unionization issues.”
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