Embed Size (px)
Citation preview
How to Make
HR Alphabet Soup
Shellie Haroski, SPHR
• Relevant Acronyms to Build HR Alphabet Soup
• Discuss impact to your organization
Today’s Topics
Prohibits discrimination in employment based on:
• Race• Sex/Gender• Color• Religion• National Origin
Protects employees 40+ (ADEA)Regulated by EEOC15 or more employees
Title VII – Civil Rights Act of 1964
Employment Activities that are covered:• Hiring (include EOE statements)• Promotions• Assignments/Transfers• Discipline• Training• Performance appraisals• Benefits, conditions or privileges of employmentAny activity that occurs in the employee’s life cycle.
Penalties – back pay, reinstatement, retro seniority, attorney’s fees
Title VII – Civil Rights Act of 1964
ADAA provides rights for individuals with disabilities and responsibilities for employers:
• Applies to candidates and employees• Prohibits discrimination against qualified individual with a disability
because of disability• Qualified individuals – must be able to perform essential functions of
job, with or without reasonable accommodation• Disability – physical or mental impairment that substantially limits 1
or more major life activities
Regulated by EEOC15 or more employees
Americans With Disabilities Amendment Act - 2008
“Essential Function” defined:• Are other employees required to perform the same function?• If you remove the function, would it fundamentally change the
job?• Does the position exist to perform the job?• Are there other employees available to help perform this function
of the job?• Is the task consistent with the Job Description?
Americans With Disabilities Amendment Act - 2008
Americans With Disabilities Amendment Act - 2008
Employers need to ensure:‒ Strong Job Descriptions with Essential Functions defined‒ Physical requirements language on each Job Description‒ Proper interview questions around Job Descriptions and
performing essential functions, with or without reasonable accommodations
‒ Accommodations not intended to create undue hardship to employer
Penalties - $55,000 for 1st violation, compensatoryand punitive damages if willful
Prohibits discrimination in paying one gender more than the other
Equal Skills, Equal Equal PayEffort, Equal Responsibility, Same Working Conditions
Regulated by EEOC
Equal Pay Act - 1963
Does this mean that all employees in the same position make the same amount of money?
Penalties – back pay for up to 2-3 years if willful, liquidated damages equal to back pay
Equal Pay Act - 1963
Regulates collection, dissemination, and use of consumer credit information:
Employers must:‒ Obtain release/signature‒ File disclosure‒ Notify consumer of adverse action‒ Identify the Company providing report‒ Employee opportunity to investigate, dispute,
correct or delete inaccurate data
Regulated by Federal Trade Commission
Fair Credit Reporting Act
Employers need to ensure:‒ Authorization obtained ‒ Offers of employment should be made contingent
upon successful completion‒ Reports should not be run prior to offer as a qualifier‒ Protect data and file in confidential file
Penalties – $1,000 statutory damages, plus actualdamages, punitive and attorneys fees if willful
Fair Credit Reporting Act
FLSA regulates Wage and Hour laws:• Minimum Wage- $7.25 per hour effective July 24, 2009 • Child Labor – different laws for different ages• Exempt vs. Non-Exempt – determined by responsibilities, not titles• Employees vs. Independent Contractors• Overtime – over 40 hours in work week• Record Keeping Requirements – requirements in personnel file (demographics,
workweek, hours worked each day and each week, deductions, regular wages, overtime wages, time and day of week workweek begins, etc.)
Regulated by Wage and Hour Division of DOL
Fair Labor Standards Act - FLSA
Employers need to ensure:‒ Minimum wage‒ Proper Overtime pay‒ Accurate classification – exempt/non-exempt, employee/independent
contractor‒ Proper documentation, records‒ FLSA Poster compliance
Penalties – varying costs for different violations, very costly
Fair Labor Standards Act - FLSA
FMLA requires covered employers to grant eligible employees up to 12 weeks of unpaid leave in a 12-month period; job protection.
FMLA leave may be taken for:• birth or adoption of an employee’s child• employee to care for a child, spouse or parent with a serious health condition• employee is unable to work because of his or her own serious health condition
Eligibility:• Works in a location with 50 or more employees within 75 mile radius• Worked at least 12 months (does not have to be consecutive)• Worked at least 1,250 hours during 12 month period preceding leave request• Seeks leave to care for self, spouse, parent or child
Family Medical Leave Act - FMLA
Employers need to be aware:‒ Burden is not on employee – Employer should ask employee
if they need FMLA leave‒ Time sensitive‒ Required notices and forms‒ Triangular impact of ADA, FMLA, and Workers Comp‒ Ensure detailed tracking of times, doctor’s notes, forms, etc.‒ Intermittent medical leave‒ FMLA component – military caregiver, qualifying
exigency leave
Penalties – back pay with benefits, reinstatement, attorney’s fees
Family Medical Leave Act - FMLA
GINA prohibits employers and health insurance companies from discriminating against or refusing coverage to individuals based on results of genetic testing
Genetic information includes:• Information about individual’s genetic tests• Genetic tests of individuals family members• Information about the manifestation of a
disease or disorder in individuals family members (family history, increased risk)
Regulated by EEOC
Genetic Information Nondiscrimination Act - GINA
Employers need to ensure:‒ File documents appropriately‒ Ensure privacy around PHI‒ Eliminate questions regarding genetic information or
disorders
Penalties – $100/day each affected employee, actions by EEOC and employees
Genetic Information Nondiscrimination Act - GINA
Form of discrimination that violates Title VII of Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, (ADEA), and Americans with Disabilities Act of 1990, (ADA).
Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
Sexual harassment – unwelcome sexual advances; requests for sexual favors; other verbal or physical conduct of a sexual nature
Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Regulated by EEOC
Harassment
Employers need to ensure:‒ Strong anti-harassment policy‒ Foster open communication‒ Provide training and education‒ Demonstrate inclusive culture
Penalties – lost wages, future lost wages, compensatory, punitive, attorney, reinstatement, employer and individual liability
Harassment
HIPAA regulates the following:• Health Care Access – limits exclusions for preexisting
conditions• Insurance Renewability• Antidiscrimination – prohibit charging more
for conditions• Privacy regarding health plans, health
care providers, protected health information (PHI)
Regulated by US Department of Health and Human Services
Health Insurance Portability and Accountability Act - HIPAA
Employers need to ensure:‒ Creditable coverage certificate issued (enrollment rights and
protections against discrimination)‒ Designate privacy officer‒ File documents appropriately‒ Ensure privacy around PHI‒ Conduct HIPAA training
Penalties – $100/day each affected employee, actions by DOL and employees
Health Insurance Portability and Accountability Act - HIPAA
IRCA (previously Immigration and Naturalization Service (INS) is responsible for:• Promoting national security• Eliminating immigration issues • Ensuring employment of legally
authorized individuals in US
Regulated by US Citizenship and Immigration Services
Immigration Reform and Control Act - 1986
Immigration Reform and Control Act - 1986
Employers need to ensure:‒ Compliance with I-9 within 3 days‒ Audit of all active I-9s‒ Conduct required corrections or obtain new I-9 forms where
appropriate‒ Purge I-9s at appropriate times
Penalties – civil fines, criminal penalties, imprisonment
Employer shall notify each employee in writing at the time of hiring of the following:• normal hours • wages agreed upon• time and place of payment• deductions made from wages, including payments for
insurance
SC Payment of Wages Law
Employers need to ensure:• Terms of employment provided to employee on 1st day,
Employee keeps original, Copy to file• Maintain record of address, wages, pay records for 3
years• Changes to Terms should be communicated in writing on
this form 7 days in advance of change, does not apply to compensation changes
Penalty - $100 for each violation
SC Payment of Wages Law
USERRA prohibits discrimination against person because of service in Armed Forces Reserve, National Guard or other uniformed services.• Employer cannot deny any benefit due to past, present or future service in
uniformed services• Protects rights of veterans, reservists, National Guard members, and other
members of uniformed services to reclaim civilian employment after being absent due to military service or training
Regulated by Veterans Employment and Training Service (VETS) of DOL
Uniformed Services Employment and Reemployment Act - USERRA
Employers need to ensure:‒ Return employee “promptly” after completion of
service to position they would have achieved‒ Return employee to pay and benefits they would
have achieved
Penalties – lost wages, 2x if willful, reinstatement, lost benefits, attorneys’ fees, etc.
Uniformed Services Employment and Reemployment Act - USERRA
• Executive Order 11246 - Federal contractors can’t discriminate on race, color, religion, gender, or national origin, with contracts of $50,000 or 50+ employees
• AAP - Affirmative Action Plan regarding utilization of those in protected classes
• VETS reports – utilization of past and present armed forces
• Rehabilitation Act – prohibits discrimination based on mental or physical disabilities
• EEO Reporting – 100+ employees and federal contractors with at least 50 employees and contracts of $50,000 – annual report breakdown of workforce
• Drug Free Workplace Act - requires some Federal contractors and all federal grantees to provide drug-free workplaces as a precondition of receiving a contract or grant from a Federal agency
Penalties – suspend, terminate or cancel contract; ineligible for future federal contracts
Laws Impacting Federal/Government Contracts or Funding
PDA – Pregnancy Discrimination Act – illegal to discriminate due to pregnancy, childbirth or related conditions, treat same as temporary disability
ADEA – Age Discrimination in Employment Act - prohibits discrimination in employment against persons age 40 and over (EEOC, over 20 employees)
ERISA – Employee Retirement Income Security Act – regulates provision and administration of benefit plans (health, profit sharing, pension), file annual reports
EPLI – Employment Practices Liability Insurance – provides protection against employee lawsuits
CCPA - Consumer Credit Protection Act – limits amount of wages to be garnished, 25% disposable pay
EPPA - Employee Polygraph Protection Act – unlawful to require polygraphs in employment decisions, except in security-sensitive or investigations of workplace incidents
More Acronyms…
OSHA – Occupational Safety and Health Act – keep workplaces hazard free, safety and health standards, log of injuries/illnesses, post records
COBRA – Consolidated Omnibus Budget Reconciliation Act – continuation of health coverage up to 18 months, longer in some circumstances, ensure sending out proper notices – based on number of employees (20 or more employees covered for proceeding 12 months), may be state continuation
OWBPA – Older Worker’s Benefit Protection Act – prohibits discrimination in benefits and specific requirements on waivers for employees 40+
More Acronyms…
More Acronyms…
