EEO_Compliance Training for Supervisors & Managers


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Training Progam I delivered for a Pennsylvania Employer in 2013. Info should be closely checked to ensure it is in line with your company policies as well as home state laws and regs.

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EEO_Compliance Training for Supervisors & Managers

  1. 1. Compliance Training <Insert Company Name Here> Employment Law Compliance Training
  2. 2. Employment Law ComplianceEmployment Law Compliance  <Insert Company Name Here>, as an employer, is subject to many federal and state laws governing the treatment of employees.  We are committed to abiding by these laws and creating a workplace that is mentally and physically healthy for all our employees.
  3. 3. Employment Law ComplianceEmployment Law Compliance  Managing employees according to legal requirements is one of the responsibilities that must be taken seriously at <Insert Company Name Here>.  As a supervisor, you are given information regarding many subjects, benefits, job responsibilities, business objectives, policies, procedures, reminders fro HR…etc. etc, etc.  No one can say “I am not aware of, or I am too busy to understand and abide by legal requirements”.
  4. 4. Equal Employment OpportunityEqual Employment Opportunity (EEO)(EEO) EEO laws prohibiting <Insert Company Name Here> from making employment decisions using:  Race  Color  Religion  National Origin  Age  Disability  Gender, including pregnancy  And, most recently Sexual Orientation  Compensation differences based on sex or race
  5. 5. Federal Employment LawsFederal Employment Laws 1. National Labor Relations Act of 1935 2. Fair Labor Standards Act of 1938 3. Labor Management Relations Act of 1947 4. 1963 Equal Pay Act 5. 1964 Title VII of the Civil Rights Act 6. Occupational Safety and Health Act of 1970 7. 1974 Employee Retirement Income Security Act (ERISA) 8. 1996 Health Insurance Portability and Accountability Act (HIPAA) 9. 1986 Immigration Reform and Control Act 10. 1996 Mental Health Parity Act 11. 1996 Newborns' and Mothers' Health Protection Act 12. 2002 Sarbanes-Oxley Act 13. 1967 Age Discrimination in Employment Act 14. 1968 Consumer Credit Protection Act 15. Fair Credit Reporting Act of 1969 16. Pregnancy Discrimination Act of 1978 17. Uniform Guidelines on Employee Selection Procedures of 1978 18. Sex Discrimination Act 1984 (Also covers Sexual Harassment) 15. Immigration Reform & Control Act of 1986 16. Consolidated Omnibus Benefits Reconciliation Act of 1986 (COBRA) 17. Employee Polygraph Protection Act of 1988 18. Worker Adjustment and Retraining Notification Act of 1988 (WARN Act) 19. Americans with Disabilities Act of 1990 (ADA) 20. Family and Medical Leave Act of 1993 21. Uniformed Services Employment and Reemployment Rights Act of 1994 22. Lilly Ledbetter Fair Pay Act of 2009 23. Countless Federal Reporting Requirements
  6. 6. Equal EmploymentEqual Employment OpportunityOpportunity EEO: The Civil Rights Act of 1964 offers the broadest employment protections for employees. It says managers may make decisions about hiring, firing, training, compensation, job assignments, and any other conditions of employment based upon legitimate business criteria, but NOT based on protected classes
  7. 7. Equal Employment OpportunityEqual Employment Opportunity  If we consider someone’s race, color, gender, religion, age, or national origin in our employment decisions we are illegally discriminating.  Since race, color, gender, religion and national origin have nothing to do with anyone’s ability to do a job, they may not be considered in our decision making.
  8. 8. Equal Employment OpportunityEqual Employment Opportunity The Age Discrimination in Employment Act of 1967 says we may not make our employment decisions based on the age of an applicant or employee. It protects people over the age of 40. With few exceptions, employees may not be forced to retire at any given age either.
  9. 9. Equal Employment OpportunityEqual Employment Opportunity The Equal Pay Act of 1963 and the Lilly Ledbetter Fair Pay Act of 2009 are laws that require paying men and women equally if they are in similarly situated jobs, i.e., 1. performing work that requires substantially equal skill, effort, and responsibility; and 2. under similar working conditions as the opposite gender counterpart. An employer can also avoid liability by demonstrating that the wage disparity was based solely on seniority, merit, or some other factor independent of gender.
  10. 10. Equal Employment OpportunityEqual Employment Opportunity The Immigration Reform & Control Act of 1986 requires every employer to obtain documented proof that each new employee has the right to work in this country and that they are who they claim to be. It prohibits discrimination based on national origin.
  11. 11. Equal Employment OpportunityEqual Employment Opportunity Under the Immigration Reform & Control Act of 1986 new employees have 72 hours to deliver to <Insert Company Name Here> the documents required to support their I-9 Form entries. – The I-9 Form specifies which documents are acceptable to prove identify and which are acceptable to prove right to work in this country. – If those documents are not delivered in the 3- day period, the law says the company must remove that employee from the payroll.
  12. 12. Equal Employment OpportunityEqual Employment Opportunity The Pregnancy Discrimination Act of 1978 offers protection to all pregnant female employees, regardless of length of service. It requires <Insert Company Name Here> and other employers to offer the same disability benefits to pregnant women as to any other disabled employee. 1. Pregnant employees will be treated like any other employee if they are disabled from work due to their pregnancy, and as with other disabilities, <Insert Company Name Here> will be guided by input from medical professionals caring for the employee. 2. Pregnancy leave comes with a guaranteed return to the same or similar job at the same or similar pay under the same or similar working conditions and location.
  13. 13. Equal Employment OpportunityEqual Employment Opportunity If an employee believes s/he has experienced illegal discrimination, s/he may file a complaint with the HR Manager. The complaint will be investigated thoroughly and the employee will receive feedback about the result.
  14. 14. Equal Employment OpportunityEqual Employment Opportunity Everyone is entitled to exercise their right to file their complaint with a state or federal enforcement agency. Once an external agency begins its investigation, the company may no longer discuss the problem with the employee directly. All communication about the complaint must be through the enforcement agency.
  15. 15. Equal Employment OpportunityEqual Employment Opportunity It is often faster to ask the company to investigate a complaint. If not satisfied with the result, the employee may still ask for help from a state or federal agency. If an employee desires the company to investigate a complaint encourage the employee to an HR representative
  16. 16. Sexual HarassmentSexual Harassment One of the most often talked-about forms of harassment is sexual harassment. Because sexual harassment is more complex, the subject is covered separately in a detailed “Sexual Harassment Policy” A copy of the <Insert Company Name Here>“Sexual Harassment Policy” can be obtained from HR
  17. 17. Hostile Environment Hostile environment harassment is any verbal, physical, or visual conduct which interferes with a person's job performance, or creates an intimidating offensive working environment even if there is no tangible or economic loss. Examples are ethic emails, jokes or slurs, offensive pictures, treating people in hostile manner because of their race, age, etc.
  18. 18. HarassmentHarassment The majority of complaints involve subtle forms of harassment such as casual remarks disguised as social interactions. Individuals sometimes think that it is acceptable because they have such a good relationship with the individual. These subtle infringements are the hardest to detect and but just as damaging and just as illegal.
  19. 19. Preventing HarassmentPreventing Harassment <Insert Company Name Here> has a complaint process for employees who feel they have been victims of harassment. No employee will experience retaliation for filing a complaint of harassment or any other type of discrimination.
  20. 20. DisabilityDisability Violations of the Americans with Disability Act (ADA) are considered illegal employment discrimination. Failing to make a reasonable accommodation when requested is only permitted if the company can show that doing so would be an “undue hardship.” Occasionally there are situations that would pose an undue hardship for <Insert Company Name Here> and can only be resolved by HR exploring, with the impacted individual, any possible reasonable accommodations.
  21. 21. DisabilityDisability When the company makes an accommodation to a disabled employee, it is not offering special treatment. All disabled employees are expected to perform the essential functions of their jobs. All managers and employees must recognize that disability accommodation is a legal requirement that helps <Insert Company Name Here> retain productive workers.
  22. 22. DisabilityDisability A disabled employee may identify herself or himself at any time. 1. Even if someone self-identifies as disabled, s/he may or may not feel it necessary to request a job accommodation. 2. If a request for job accommodation is initiated by the disabled employee you must contact HR, do not try to resolve the issue without HR involvement.
  23. 23. Family and Medical Leave <Insert Company Name Here> is subject to the Family and Medical Leave Act which requires offering up to 12 weeks of non-paid time off for – A serious health condition that makes the employee unable to perform his or her job; – Birth and care of a newborn child; – Adoption or foster care of a child; – Care of the employee’s spouse, child or parent who has a serious health condition.
  24. 24. Employee Leave BenefitsEmployee Leave Benefits To be eligible for Family and Medical Leave, an employee must have worked at least 1,250 hours for <Insert Company Name Here> in the last 12 months.
  25. 25. Employee Leave BenefitsEmployee Leave Benefits Family and Medical Leave does not have to be taken all at once. For example, if circumstances require an employee to be absent one day a week for chemotherapy, the leave would apply to those days and is called “Intermittent Leave.”
  26. 26. Family and Medical Leave & Military Duty Status “Qualifying Exigencies” Eligible employees with a spouse, son, daughter, or parent on active duty or call to active Military duty status in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. The DOL defines qualifying exigencies to include the following 8 situations: (1) short-notice deployment, (2) military events and related activities, (3) childcare and school activities, (4) financial and legal arrangements, (5) counseling, (6) rest and recuperation, (7) post-deployment activities, and (8) additional activities to address other events which arise out of the covered military member’s active duty or call to active duty status
  27. 27. FMLA “Military Caregiver Leave” The regulations permit spouse, son, daughter, or parent to take military caregiver leave for a serious injury or illness” of a “covered service member”. Additionally the covered service member may specifically designate in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. Eligible employees may take up to 26 weeks of leave to care for a covered service member during a single 12- month period.
  28. 28. Employee Leave BenefitsEmployee Leave Benefits Employees are guaranteed a return to the same or similar job at the same or similar pay under the same or similar working conditions following a Family and Medical Leave.
  29. 29. Military Leave Employees who are members of the U.S. uniformed services will be excused from work when they are called to active duty for any reason. 1. The cumulative length service that causes a person’s absences from a position may not exceed five years. 2. Military Leave may involve service in the armed forces or in another uniformed service, such as the National Health Service. State National Guard members are also given Military Leave when they must intermittently report for active duty. 3. This leave is non-paid time.
  30. 30. Military Leave BenefitsBenefits Employees are guaranteed a return to the job the person would have held had the person remained continuously employed. 1. The position may not necessarily be the same job the person previously held. For instance, if the person would have been promoted with reasonable certainty had the person not been absent, the person would be entitled to that promotion upon reinstatement. On the other hand, the position could be at a lower level than the one previously held, it could be a different job, or it could conceivably be in layoff status. 2. It is also required that each returning service member actually step back onto the seniority escalator at the point the person would have occupied if the person had remained continuously employed. Human Resource will explain to each impacted employee the amount of time that employee will have to return to the job once released from active duty. These periods vary depending on how long the employee has been gone.
  31. 31. SummarySummary If you have a question or concern, you are encouraged to contact the HR Department ___________________________