Pro Bono Partnership Handbook

APPENDIX H
OFFICE EQUIPMENT AND COMPUTER WORKSTATION
SECURITY AND USE GUIDELINES

As a not-for-profit organization, our contributors and funding sources must be confident that we are well managed and our assets are used appropriately. Our organization's office equipment and computing assets must be protected from loss or unauthorized modification, and the information contained in our databases kept secure and free of harmful code. All of our employees, contractors, directors, volunteers, and others authorized by management to use our office equipment and computer systems are obligated to comply with these guidelines.

Management Approved Use of Office Equipment and Computer Systems

Office equipment and computer systems may be used only for conducting our organization's business or for purposes authorized by management. This includes computer workstations and related peripherals and software, telephones, libraries, facsimile machines, photocopiers, office supplies, and Internet access and e-mail. Personal use of office equipment and computers may be approved by management if such use involves minimal additional expense to our organization, is performed on the employee's non-work time, does not interfere with our mission or operations, and does not violate our Ethics Policy or these Guidelines. Personal use does not include use related to a personal private business or to assist other organizations, relatives, or friends.

Use is subject to audit by management at any time, and monitoring tools may be used. Employees do not have a right of privacy when using our organization's equipment, including desks and files, voice-mail, accessing the Internet, or sending e-mail. By using this equipment, consent to monitoring is implied, with or without cause. Any use of communications resources is made with the understanding that such use is not secure, is not private, and is not anonymous.

Any questions concerning personal use of office equipment should be discussed with your manager. Unauthorized use of office equipment or computer systems could result in disciplinary action, including dismissal, criminal prosecution, and employees being held financially liable for the cost of the improper use.

Software Licenses and Other Copyrighted Materials

You may not install personal software on our organization's computer systems. There must be a valid license for all software installed on your computer workstation. Never copy or duplicate licensed software except if allowed by the license terms.

Most information and software that is accessible on the Internet is subject to copyright or other intellectual property right protection. Therefore, nothing should be copied or downloaded from the Internet for use within our organization unless express permission is obtained from the material's owner. If authorized by management, software or shareware may be downloaded from known web sites (see Protecting Against Computer Viruses below) only after you have read and understood the related terms and are certain that you can comply.

Protecting Office Equipment and Computer Workstations

Every employee is responsible to prevent the theft of office equipment and computer workstations, and the information they contain.

· Use " power-on" and "keyboard/screen locks" passwords to prevent unauthorized access to your workstation.

· When you leave your work area, and you work in an office that can be locked, and where health and safety regulations allow, lock your office. If you use a portable computer, lock it in a desk or filing cabinet.

· When traveling, keep portable computers in your possession.

An access password is the primary means of computer data security. You must keep your password secret and not share if with anyone other than your manager. Passwords must not be trivial or predictable, and resistant to compromise by "hackers." Passwords must:

· Be at least six characters.

· Contain at least one alphabetic and one non-alphabetic character.

· Contain a non-numeric character in the first and last position.

· Contain no more than two identical consecutive characters.

· Not contain your user id or other easily identifiable sequence of characters such as a child's, spouse's or pet's name or birth date.

· Be changed every six months.

· Contain no more than three identical consecutive characters from the previous password.

Protecting Confidential Information

Only employees who have a business need to know the information may access confidential employee data and other sensitive information. You must use security controls to manage and limit access to the information. When confidential information is stored on diskettes or CDs, you must keep them in a locked area when not in use. Confidential information may be printed only on a secure printer or one that you are personally watching.

Do not use cellular or cordless phones to discuss confidential information. Do not leave confidential messages on phone mail systems. If confidential information must be sent by fax, do not use a wireless fax and assure that you have an accurate destination fax machine phone number.

You should presume that any unprotected information sent across the Internet will be read by any number of unknown people. Internet servers must never allow unrestricted access to confidential information. Confidential information accessed through or transmitted across the Internet must be protected by encryption technology (data or session encryption). Any of our organization's materials that are protected by copyright, which are transmitted over the Internet or by e-mail must indicate that our organization is the owner of the copyright.

Protecting Against Computer Viruses

A "computer virus" is a program designed to copy itself into other programs. The virus may also be designed to cause the loss or alteration of data on a computer, or to completely disable a computer. The virus is activated when the program "infected" by it is executed on a computer.

Do not load unauthorized programs onto your workstation. Be particularly alert to programs from public sources such as bulletin boards or executable files attached to e-mail messages. Do not open or execute a program or file if you do not know its source. Use an anti-virus program to periodically check the files on your computer and to monitor any files accepted from the outside.

Other forms of harmful code are not transmitted by copying and executing infected programs, but are activated by simply viewing a web site that contains maliciously programmed applets or JavaScript. Web sites established by individuals and by organizations with questionable ethics are prime candidates for hosting harmful code. You should avoid these sites. Before visiting a web site for the first time, set the security control options in your web browser to prohibit execution of applets or JavaScript.

If a virus affects your computer, inform your manager immediately.

The Internet

The Internet can be an important resource for our organization. Effective use of the Internet can provide improved research, better external communications, and increased client responsiveness. Our Internet presence is a reflection of our image, and this must be considered in all our Internet activities.

When accessing the Internet from your computer workstation:

· Adhere to the security and usage guidelines in this document.

· Always represent yourself as yourself.

· Do not place any material on the Internet that would be considered inappropriate, offensive, or disrespectful to others, and do not access such material.

· Do not access web sites that contain or distribute material that is objectionable in the workplace, including web sites that contain sexually explicit materials, advocate illegal activity, or advocate intolerance to others.

Personal use of the Internet must be on non-work time and:

· Not interfere with our organization's operations, your job, or the work of other employees.

· Not cause disruption of our computer system, such as sending greeting cards, video, or other large file attachments that can degrade the performance of a network.

· Not for personal gain or profit.

· Not for solicitation of others.

· Not to provide information about or lists of our employees or members.

· Not for participating in lobbying or any form of partisan political activity.

When using electronic mail:

· Do not send mail so that it appears to have come from someone else.

· Do not send unsolicited advertising.

· Do not send or reply to chain letters.

· Do not reply to unsolicited non-business e-mail ("spam" or junk mail). Generally the most effective response is to delete the mailing without reading or responding.

APPENDIX I
PRE-EMPLOYMENT INQUIRY GUIDELINES

PROPER

IMPROPER

ADDRESS OR DURATION OF RESIDENCE

Applicant's place of residence.

"How long have you been a resident in this city? Do you rent or own you home?"

AGE

"If you are hired, can you show proof of age?"

"How old are you? What is your date of birth? When did you graduate from high school/college?"

"If you are under 18, after you are hired can you submit a work permit?" The employer may state that employment is subject to verification that the applicant meets the legal age requirements.

Advertisements that contain the following phrases: "retired person," "over 45," "supplement your pension."

Advertisements that contain the following phrases: "age 25-35," "college student," "recent college graduate," "young."

ARREST AND CONVICTION RECORD

"Have you ever been convicted of a crime? (give details)" This question must be accompanied by a statement that a conviction will not necessarily disqualify the applicant from employment.

"Have you ever been arrested? (and any details related thereto)"

BIRTH CONTROL

None.

Inquiry as to capacity to reproduce, advocacy of any form of birth control or family planning.

BIRTHDAY

None.

Requirements that applicant submit birth certificate, naturalization or baptismal record.

Requirement that applicant produce proof of age in the form of any of the aforementioned.

BIRTHPLACE

None.

Birthplace of applicant or applicant's parents, spouse or other close relatives.

CITIZENSHIP

"Are you a citizen of the United States?"

"Of what country are you a citizen?"

"If you are not a citizen, do you intend to become a citizen of the United States?"

Whether an applicant is naturalized or a native-born citizen.

"If you are not a citizen, have you obtained the legal right to remain permanently in the United States?"

The date when the applicant or parents/spouse acquired citizenship.

Under the Federal Immigration Reform and Control Act, employers must ask all new employees for documentation of identity and right to work. Approved forms of identification include a U.S. Passport, a "green card," or a combination of a birth certificate or social security card plus a driver's license.

Whether applicant's parents or spouse are naturalized or native-born citizens of the United States.

"You have an unusual name. What nationality is it?"

Requirement that applicant produce naturalization papers.

DISABILITY AND PHYSICAL CONDITION

After describing the duties of the job, "Are you able to perform the job duties without any accommodation? If not, what type of accommodation would you need?"

"Are you disabled? If so, describe any disabling impairments that you have."

Whether the applicant can perform major life activities such as standing, lifting, walking, etc.

Asking about an applicant's non-medical qualifications and skills, such as education and work history, certifications and licenses.

"What is the prognosis of your disability? How often will you require time off for treatment of your disability?"

Asking applicants to "self-identify" as individuals with disabilities for purposes of an employer's affirmative action program.

Questions about an applicant's use of legal or prescription drugs.

Asking applicants whether they will need reasonable accommodation for the hiring process.

Asking questions of third parties regarding an applicant's disability that the employer could not lawfully ask the applicant.

"If offered a job, will you submit to a medical examination?"

Asking about job-related injuries or worker's compensation history.

Asking whether an applicant can meet the employer's attendance requirements.

"How many days were you absent from you job in the past year because of illness or disability?"

Asking about an applicant's current use of illegal drugs (because the ADA does not protect a person who currently illegally uses drugs). Requiring the applicant to take tests to determine illegal use of controlled substances after an offer of employment is made.

Asking if an applicant has ever used illegal drugs in the past or has ever been addicted to drugs or alcohol. Asking whether applicant has participated in a rehabilitation program or has been treated for alcohol or drug use. Asking how much alcohol an applicant drinks or giving alcohol tests to applicants.

Asking applicants to describe or demonstrate how they would perform the job tasks. *

In New York: general questions about physical condition or medical history, including "what is your height and weight?"

Requiring applicants to take a physical agility test (i.e. demonstrating the ability to perform actual or simulated job tasks.)*

"Have you ever been treated for any conditions or diseases, or ever been hospitalized?"

Requiring an applicant to take a physical fitness exam without measuring the applicant's physiological or biological responses. *

"Have you ever been treated by a psychiatrist or psychologist for any mental condition?"

In New York, an employer may require genetic testing where the test is shown to be directly related to the occupational environment such that the employee or applicant with a genetic anomaly might be at increased risk of "disease as a result of working in [the occupational] environment." Thus, an employer may deny a job to an applicant who refuses to be tested for genetic susceptibility. If the results indicate susceptibility, the decision whether to work in the risky environment must be left to the employee.

"Do you have any health problems?"

"I noticed you were limping as you came in. Are you o.k.?"

"This position requires heavy listing; is there anything that would prevent you from meeting this requirement?"

*As long as all applicants are asked this, regardless of whether they are disabled.

DRIVER'S LICENSE

"Do you possess a valid driver's license?"

Requirement that applicant produce a driver's license.

EDUCATION

Inquiry into applicant's academic, vocational or professional education and the public and private schools attended and degrees received, such as "where did you attend high school/college? What was your major and why did you choose it? In what subjects did you excel? How did your education prepare you for the job you are seeking?"

Dates of attendance or graduation from high school and/or college.

"Did you work at an outside job while at school? What did you like/dislike about this job?"

In general, after an offer has been made, employers may ask the date the individual received diplomas/degrees and may make the offer contingent on receiving verification from the granting institution.

EXPERIENCE

Inquiries into relevant work experience, such as "Tell me about your last job. What were your duties? Which duties were the most difficult? Who was your immediate supervisor? Do you feel you were fairly treated at your last place of employment?"

"How did your husband/wife/parent/children feel about your prior employment?'

"Do you have any special knowledge, skills or experience? Are you experienced with computers and the Internet? What professional credentials have you earned?"

"List all organizations, clubs, societies and lodges to which you belong."

"What are your strengths/weaknesses? What are your specific goals in a job?"

"What were your goals for advancement? Were they realized? Why did you leave your last job?"

GENDER

None.

Sex-referent language, i.e. "patrolman" or "meter-maid," in recruitment materials is suspect but not a per se violation.

Any inquiry as to gender.

To a woman (man): "Do you have any concerns about working on a job with a lot of men (women)?"

LANGUAGE

Inquiry into languages applicant speaks or writes fluently, if relevant for the job.

"What is your native language?" "What language do you speak at home?"

Inquiries into how applicant acquired ability to read, write or speak a foreign language.

MARITAL AND FAMILIAL STATUS

If the applicant is a minor, "What is the name and address of your parent or guardian?

Do you wish to be addressed as Miss, Ms. or Mrs.?

In general, employers may state any company policy regarding work assignment of employees who are related, such as "Do you have any relatives already employed by the company? If so, what are their names and relationship to you?

"Are you married, single, separated or divorced? Are you pregnant? Do you have any children? With whom do you reside?"

"Have you made arrangements to have your children taken care of while you work?"

Name or other information about spouse or children.

MILITARY EXPERIENCE

Questions regarding relevant skills acquired during U.S. military service (if applicant volunteers he/she was in military.

Any general questions regarding military service or military status, such as dates/type of discharge.

Questions regarding applicant�s service in a foreign military.

"Did you receive a discharge from the military in other than honorable circumstances?"

Requesting a copy of discharge papers.

"Did you receive a discharge from the military in other than honorable circumstances?"

Requesting a copy of discharge papers.

NAME

"Have you ever worked for this company under a different name?"

Original names of an applicant whose name has been changed by court order or otherwise.

"Is additional information relative to change of name, use of an assumed name or nickname necessary to enable a check on your work or education record? If yes, please explain."

"If you have ever worked under another name, state name and dates."

Maiden name of a married woman.

NATIONAL ORIGIN

None.

Inquiry into applicant's lineage, ancestry, national origin, decent, parentage or nationality.

Nationality of parents or spouse. "You have an unusual last name. Where is it from?"

ORGANIZATIONS/UNIONS

Inquiry into applicant's membership in organizations which the applicant considers relevant to his or her ability to perform the job.

List all the clubs, societies, and lodges to which you belong.

"Have you ever belonged to a union?"

PHOTOGRAPHS

None.

Requirement or option that applicant affix a photograph to an employment application.

RACE OR COLOR

None.

"What is your race?" Complexion of skin; color of eyes or hair.

RELATIVES

Name of applicant's relatives already employed by the company.

Number, names, addresses and ages of applicant's spouse, children or relatives not employed by the company.

RELIGION OR CREED

None.

Inquiry into applicant's religious denomination, religious affiliations, parish or church, religious holidays observed. Applicant may not be told "this is a (Catholic, Protestant, Jewish, etc.) organization."

Employers may state the regular days, hours and shifts to be worked in the position applied for and then ask whether the applicant will be able to work those days, hours or shifts.

"Does your religion prevent you from working weekends or holidays?"

SEXUAL ORIENTATION

None. Inquiry into applicant�s sexual orientation. �Are you married or single?� �Do you have a girlfriend/boyfriend?� Requiring that applicant produce any document that would reveal marital status.

WHOM TO NOTIFY IN CASE OF EMERGENCY

None.

Name and address of person to be notified in case of an accident or an emergency (may be requested only after employment).


APPENDIX I PRE-EMPLOYMENT INQUIRY GUIDELINES
PROPER	IMPROPER
ADDRESS OR DURATION OF RESIDENCE
Applicant's place of residence.	"How long have you been a resident in this city? Do you rent or own you home?"
AGE
"If you are hired, can you show proof of age?"	"How old are you? What is your date of birth? When did you graduate from high school/college?"
"If you are under 18, after you are hired can you submit a work permit?" The employer may state that employment is subject to verification that the applicant meets the legal age requirements.	Advertisements that contain the following phrases: "retired person," "over 45," "supplement your pension."
	Advertisements that contain the following phrases: "age 25-35," "college student," "recent college graduate," "young."
ARREST AND CONVICTION RECORD
"Have you ever been convicted of a crime? (give details)" This question must be accompanied by a statement that a conviction will not necessarily disqualify the applicant from employment.	"Have you ever been arrested? (and any details related thereto)"
BIRTH CONTROL
None.	Inquiry as to capacity to reproduce, advocacy of any form of birth control or family planning.
BIRTHDAY
None.	Requirements that applicant submit birth certificate, naturalization or baptismal record.
	Requirement that applicant produce proof of age in the form of any of the aforementioned.
BIRTHPLACE
None.	Birthplace of applicant or applicant's parents, spouse or other close relatives.
CITIZENSHIP
"Are you a citizen of the United States?"	"Of what country are you a citizen?"
"If you are not a citizen, do you intend to become a citizen of the United States?"	Whether an applicant is naturalized or a native-born citizen.
"If you are not a citizen, have you obtained the legal right to remain permanently in the United States?"	The date when the applicant or parents/spouse acquired citizenship.
Under the Federal Immigration Reform and Control Act, employers must ask all new employees for documentation of identity and right to work. Approved forms of identification include a U.S. Passport, a "green card," or a combination of a birth certificate or social security card plus a driver's license.	Whether applicant's parents or spouse are naturalized or native-born citizens of the United States. "You have an unusual name. What nationality is it?"
	Requirement that applicant produce naturalization papers.
DISABILITY AND PHYSICAL CONDITION
After describing the duties of the job, "Are you able to perform the job duties without any accommodation? If not, what type of accommodation would you need?"	"Are you disabled? If so, describe any disabling impairments that you have." Whether the applicant can perform major life activities such as standing, lifting, walking, etc.
Asking about an applicant's non-medical qualifications and skills, such as education and work history, certifications and licenses.	"What is the prognosis of your disability? How often will you require time off for treatment of your disability?"
Asking applicants to "self-identify" as individuals with disabilities for purposes of an employer's affirmative action program.	Questions about an applicant's use of legal or prescription drugs.
Asking applicants whether they will need reasonable accommodation for the hiring process.	Asking questions of third parties regarding an applicant's disability that the employer could not lawfully ask the applicant.
"If offered a job, will you submit to a medical examination?"	Asking about job-related injuries or worker's compensation history.
Asking whether an applicant can meet the employer's attendance requirements.	"How many days were you absent from you job in the past year because of illness or disability?"
Asking about an applicant's current use of illegal drugs (because the ADA does not protect a person who currently illegally uses drugs). Requiring the applicant to take tests to determine illegal use of controlled substances after an offer of employment is made.	Asking if an applicant has ever used illegal drugs in the past or has ever been addicted to drugs or alcohol. Asking whether applicant has participated in a rehabilitation program or has been treated for alcohol or drug use. Asking how much alcohol an applicant drinks or giving alcohol tests to applicants.
Asking applicants to describe or demonstrate how they would perform the job tasks. *	In New York: general questions about physical condition or medical history, including "what is your height and weight?"
Requiring applicants to take a physical agility test (i.e. demonstrating the ability to perform actual or simulated job tasks.)*	"Have you ever been treated for any conditions or diseases, or ever been hospitalized?"
Requiring an applicant to take a physical fitness exam without measuring the applicant's physiological or biological responses. *	"Have you ever been treated by a psychiatrist or psychologist for any mental condition?"
In New York, an employer may require genetic testing where the test is shown to be directly related to the occupational environment such that the employee or applicant with a genetic anomaly might be at increased risk of "disease as a result of working in [the occupational] environment." Thus, an employer may deny a job to an applicant who refuses to be tested for genetic susceptibility. If the results indicate susceptibility, the decision whether to work in the risky environment must be left to the employee.	"Do you have any health problems?" "I noticed you were limping as you came in. Are you o.k.?" "This position requires heavy listing; is there anything that would prevent you from meeting this requirement?"
*As long as all applicants are asked this, regardless of whether they are disabled.
DRIVER'S LICENSE
"Do you possess a valid driver's license?"	Requirement that applicant produce a driver's license.
EDUCATION
Inquiry into applicant's academic, vocational or professional education and the public and private schools attended and degrees received, such as "where did you attend high school/college? What was your major and why did you choose it? In what subjects did you excel? How did your education prepare you for the job you are seeking?"	Dates of attendance or graduation from high school and/or college.
"Did you work at an outside job while at school? What did you like/dislike about this job?"
In general, after an offer has been made, employers may ask the date the individual received diplomas/degrees and may make the offer contingent on receiving verification from the granting institution.
EXPERIENCE
Inquiries into relevant work experience, such as "Tell me about your last job. What were your duties? Which duties were the most difficult? Who was your immediate supervisor? Do you feel you were fairly treated at your last place of employment?"	"How did your husband/wife/parent/children feel about your prior employment?'
"Do you have any special knowledge, skills or experience? Are you experienced with computers and the Internet? What professional credentials have you earned?"	"List all organizations, clubs, societies and lodges to which you belong."
"What are your strengths/weaknesses? What are your specific goals in a job?"
"What were your goals for advancement? Were they realized? Why did you leave your last job?"
GENDER
None.	Sex-referent language, i.e. "patrolman" or "meter-maid," in recruitment materials is suspect but not a per se violation.
	Any inquiry as to gender. To a woman (man): "Do you have any concerns about working on a job with a lot of men (women)?"
LANGUAGE
Inquiry into languages applicant speaks or writes fluently, if relevant for the job.	"What is your native language?" "What language do you speak at home?"
	Inquiries into how applicant acquired ability to read, write or speak a foreign language.
MARITAL AND FAMILIAL STATUS
If the applicant is a minor, "What is the name and address of your parent or guardian?	Do you wish to be addressed as Miss, Ms. or Mrs.?
In general, employers may state any company policy regarding work assignment of employees who are related, such as "Do you have any relatives already employed by the company? If so, what are their names and relationship to you?	"Are you married, single, separated or divorced? Are you pregnant? Do you have any children? With whom do you reside?" "Have you made arrangements to have your children taken care of while you work?"
	Name or other information about spouse or children.
MILITARY EXPERIENCE
Questions regarding relevant skills acquired during U.S. military service (if applicant volunteers he/she was in military.	Any general questions regarding military service or military status, such as dates/type of discharge. Questions regarding applicant�s service in a foreign military. "Did you receive a discharge from the military in other than honorable circumstances?" Requesting a copy of discharge papers.
	"Did you receive a discharge from the military in other than honorable circumstances?" Requesting a copy of discharge papers.
NAME
"Have you ever worked for this company under a different name?"	Original names of an applicant whose name has been changed by court order or otherwise.
"Is additional information relative to change of name, use of an assumed name or nickname necessary to enable a check on your work or education record? If yes, please explain."	"If you have ever worked under another name, state name and dates."
	Maiden name of a married woman.
NATIONAL ORIGIN
None.	Inquiry into applicant's lineage, ancestry, national origin, decent, parentage or nationality.
	Nationality of parents or spouse. "You have an unusual last name. Where is it from?"
ORGANIZATIONS/UNIONS
Inquiry into applicant's membership in organizations which the applicant considers relevant to his or her ability to perform the job.	List all the clubs, societies, and lodges to which you belong. "Have you ever belonged to a union?"
PHOTOGRAPHS
None.	Requirement or option that applicant affix a photograph to an employment application.
RACE OR COLOR
None.	"What is your race?" Complexion of skin; color of eyes or hair.
RELATIVES
Name of applicant's relatives already employed by the company.	Number, names, addresses and ages of applicant's spouse, children or relatives not employed by the company.
RELIGION OR CREED
None.	Inquiry into applicant's religious denomination, religious affiliations, parish or church, religious holidays observed. Applicant may not be told "this is a (Catholic, Protestant, Jewish, etc.) organization."
Employers may state the regular days, hours and shifts to be worked in the position applied for and then ask whether the applicant will be able to work those days, hours or shifts.	"Does your religion prevent you from working weekends or holidays?"
SEXUAL ORIENTATION
None.	Inquiry into applicant�s sexual orientation. �Are you married or single?� �Do you have a girlfriend/boyfriend?� Requiring that applicant produce any document that would reveal marital status.
WHOM TO NOTIFY IN CASE OF EMERGENCY
None.	Name and address of person to be notified in case of an accident or an emergency (may be requested only after employment).