Intern Anti-Discrimination and Fair Labor Standards Act Training Overview HRM 6030 Final Assignment

RunningHead: InternAnti-DiscriminationandFLSA TrainingOverview
Intern Anti-Discrimination and Fair Labor Standards Act (FLSA) Training Overview
A New Day, Inc.
Ardavan A. Shahroodi
Northeastern University
HRM 6030—Employee Rights and Employee Obligations
Professor Elaine M. Walker
Saturday, June 22, 2013

InternAnti-DiscriminationandFLSA Training Overview
Welcome & Introduction
On behalf of all our associates, we would like to welcome you to our company and wish
you the best of success in pursuing your career goals. In A New Day, Inc., we are fully
committed to engage in our commercial enterprise by enthusiastically adhere to all applicable
laws that regulate our business environment. Anti-Discrimination and Fair Labor Standards Act
(FLSA) policies and practices empower us to achieve one of the primary goals of our company
in being a model corporate citizen. We are grateful for all the opportunities that have facilitated
the success of our company and view anti-discrimination and FLSA compliant organizational
policies and practices as manifestations of our patriotic duty and the love that we hold for our
country.
We also believe that anti-discrimination and FLSA compliant policies and practices
facilitate the creation of high performance and creative organizational environments that will
offer our company a competitive edge in our business sector. Nevertheless, it is most crucial as
you embark on your career in our company that you are continuously cognizant of a most
fundamental understanding that anti-discrimination and FLSA compliant policies and practices
are some of the most essential regulatory parameters that create the legal environments of
business conduct. Consequently, irrespective of a business justification for conduct that is
commensurate with the aforementioned laws, you must always adhere to and similarly advise
others regarding the indispensable necessity of complying with both the spirit and letter of these
regulations.
Experience has shown us that genuine and consistent implementation of anti-
discrimination and FLSA compliance efforts at a minimum will help avoid the potential of costly
litigation and negative publicity. In addition, adherence to these regulations allows us to

continue strengthening our branding efforts in the positive promotion of our company and
products. Furthermore, we are also particularly aware of the fact that strong anti-discriminatory
and FLSA compliant policies and practices are important for our present and future
client/customer base and the markets where our products are consumed or will be consumed in
the future. Most importantly, we believe that our present and future associates are the most
valuable assets of our company. Consequently, an organizational culture that is committed to
anti-discriminatory and FLSA compliant policies and practices insure that our associates’ legal
rights are protected and that they are treated fairly and respectfully.
Background
In preparation for your new position, you were enrolled in the Employee Rights and
Employer Obligations course in Northeastern University. Here, we would like to re-emphasize
four fundamental principles that your professors discussed with you in the above said course:
Sustainability
In the Employer Rights and Employee Obligations course, Professor Elaine Walker
introduced the principle of sustainability as one of the most essential elements influencing the
practice of human resources management (HRM) during Week 1 Lecture Material titled
Overview & Discrimination. Professor Walker described sustainability as conducting business
in a manner by which we are “socially responsible citizens of the world” (3 Competitive
Challenges Influencing HRM Slide). Professor Walker added that such a mind-set also entails
thinking about “how our business will be sustainable for a long period of time” (3 Competitive
Challenges Influencing HRM Slide). As you attempt to be a valuable resource to our line
managers and employees regarding anti-discrimination and FLSA compliance inquiries, we

encourage you to be particularly conscious that your responses enhance the sustainability of our
brand by being socially responsible. In turn, this approach will also strengthen the durability of
our business model.
Responsibility
In Week 2 Lecture Material titled Hiring, Professor Walker brought to your attention that
one of the primary responsibilities of HRM is to protect the employer and to promote litigation
avoidance by engaging in anti-discrimination advocacy (Key Elements of this Chapter Slide).
As Professor Walker has emphasized to you and we paraphrase her comments in this Overview,
your primary fiduciary responsibility to our organization is not to balance “employee needs vs.
employer rights” (Key Elements of this Chapter Slide) or to engage in advocacy on behalf of
individual employees or managers. Your primary responsibility is to inform our associates
regarding the legal environments that regulate our business existence that accordingly protects
the interests of our company.
Respect, Politeness, Patience and Positive Solutions
In the Announcements section of the Blackboard, Professor Walker wrote that HRM’s
responsibility in serving “as the first line of defense in protecting the company” (Week 3
Discussion Board Learnings, Wednesday, June 12, 2013) must also include “balancing feedback
about laws, with feedback and suggestions that contain other forms of solutions” (Ibid). This
important statement will occupy a significant portion of your responsibilities that mandates a
type of behavior that is constantly generating positive and effective solutions/options for our
associates regarding employment matters delivered with the outmost respect, politeness and
patience.

Fairness and Compassion
In the Announcements section of the Blackboard, Professor Perkins highlighted the
importance of “fairness and compassion” (Week 4 Discussion Board—Djuna Perkins, Monday,
June 17, 2013) in the conduct of HRM by engaging in the kind of behavior that is “just the right
thing to do” (Ibid) in order to “prevent the hard feeling” (Ibid) that accompanies unsympathetic
and callous approach to employment matters. You must always remind yourself that your
responses to our associates will have a deep impact on people’s lives and thereby tailor your
temperament and conduct in order that you are regarded by others as fair and compassionate in
the performance of your duties.
Age Discrimination
The Age Discrimination in Employment Act of 1967 (ADEA) outlaws age discrimination
involving persons (job applicants or employees) who “are age 40 or older” (Age Discrimination,
EEOC Web site, n.d.) or “treating someone…less favorable because of their age” (Ibid). ADEA
does not “protect workers under the age of 40” (Age Discrimination, n.d.) nor under the
provisions of the Act is it “illegal for an employer or other covered entity to favor an older
worker over a younger one, even if both workers are age 40 or older” (Ibid). ADEA “forbids
discrimination when it comes to any aspect of employment, including hiring, firing, pay, job
assignments, promotions, layoffs, training, fringe benefits and any other term or condition of
employment” (Age Discrimination & Work Situations, n.d.).
Under ADEA it is also illegal to “harass a person because of his or her age” (Age
Discrimination & Harassment, n.d.) such as “offensive remarks about a person’s age” (Ibid) that
are “so frequent or sever that creates a hostile or offensive work environment or when it results

in an adverse employment decision (such as the person being fired or demoted)” (Ibid). Please
be advised that under ADEA the aforementioned disparate treatment of individuals over the age
of 40 is clearly illegal. However, you must also remember that under ADEA any “employment
policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative
impact on applicants or employees age 40 or older and is not based on a reasonable factor other
than age” (Age Discrimination & Employment Policies/Practices, n.d.). In legal parlance this is
referred to as disparate impact.
Please make absolutely clear to our associates that it is “unlawful to retaliate against an
individual for opposing employment practices that discriminate based on age or for filing an age
discrimination charge, testifying, or participating in any way in an investigation, proceeding, or
litigation under the ADEA” (Facts About Age Discrimination, n.d.). In general, under ADEA, it
is also “unlawful to include age preferences, limitations, or specifications in job notices or
advertisements” (Job Notices and Advertisements, n.d.). Although, a “job notice or
advertisement may specify an age limit only in the rare circumstances where age is shown to be a
bona fide occupational qualification (BFOQ) reasonable necessary to the normal operation of the
business” (Job Notices and Advertisements, n.d.). Please advise our associates that ADEA
related best practices deem it prudent to inquire regarding an applicant’s age or date of birth
“after the employee is hired” (Pre-Employment Inquiries, n.d.).
In relation to benefits, The Older Workers Benefit Protection Act of 1990 (OWBPA)
amended to ADEA made it unlawful for employers to deny “benefits to older employees”
(Benefits, n.d.), however “in limited circumstances” (Ibid) employers “may reduce benefits
based on age, as long as the cost of reduced benefits to older workers is no less than the cost of
providing benefits to younger workers” (Ibid).

Disability Discrimination
Title I of the Americans with Disabilities Act of 1990 (ADA) “prohibits private
employers…from discriminating against qualified individuals with disabilities in job application
procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions,
and privileges of employment” (Facts About the Americans with Disabilities Act, n.d.). A
disabled person is described as one that “has a physical or mental impairment that substantially
limits one or more major life activities…Has a record of such an impairment…Is regarded as
having such an impairment” (Facts about the Americans with Disabilities Act, n.d.). Under
ADA, it is also unlawful “to harass an applicant or employee because [they have] a
disability…had a disability in the past” (Disability Discrimination & Harassment, n.d.) by
making “offensive remarks about a person’s disability” (Ibid) that are “so frequent or sever that
it creates a hostile or offensive work environment or when it results in an adverse employment
decision (such as victim being fired or demoted)” (Ibid).
ADA mandates that employers “provide reasonable accommodation to an employee or
job applicant with a disability, unless doing so would cause significant difficulty or expense for
the employer” (Disability Discrimination & Reasonable Accommodation, n.d.). ADA describes
reasonable accommodations as any “change in the work environment (or in the way things are
usually done) to help a person with a disability apply for a job, perform the duties of a job, or
enjoy the benefits and privileges of employment” (Disability Discrimination & Reasonable
Accommodations, n.d.). ADA does not compel employers to “provide an accommodation if
doing so would cause undue hardship to the employer” (Disability Discrimination & Reasonable
Accommodation & Undue Hardship, n.d.). Here, undue hardship refers to the difficulty and
expense of an accommodation, however an “employer may not refuse to provide an

accommodation just because it involves some cost” (Disability Discrimination & Reasonable
Accommodation & Undue Hardship, n.d.) although an employer “does not have to provide the
exact accommodation the employee or job applicant wants” (Ibid).
ADA “places strict limits on employers when it comes to asking job applicant to answer
medical questions, take a medical exam, or identify a disability” (Disability & Medical Exams
During Employment Application & Interview Stage, N.D.), although employers “may ask job
applicants whether they can perform the job and how they would perform the job, with or
without a reasonable accommodation” (Ibid). Nevertheless, ADA does allow employers to
“condition the job offer on the applicant answering certain medical questions or successfully
passing a medical exam, but only if all new employees in the same type of job have to answer the
questions or take the exam” (Disability & Medical Exams After A Job Offer For Employment,
n.d.).
With respect to current employees, ADA allows employers to inquire regarding medical
conditions or require appropriate medical exams if verification is needed to “support an
employee’s request for an accommodation or if the employee is not able to perform a job
successfully or safely because of a medical condition” (Disability & Medical Exams for Persons
Who Have Started Working As Employees, n.d.). Under ADA all medical records are treated as
confidential and must be kept in separate compartments. Similar to cases of age discrimination,
under ADA, it is unlawful “to retaliate against an individual for opposing employment practices
that discriminate based on disability or for filing a discrimination charge, testifying, or
participating in any way in an investigation, proceeding, or litigation under the ADA” (Facts
About the Americans with Disabilities Act, n.d.).

Equal Pay/Compensation Discrimination
The Equal Pay Act of 1963 (EPA) mandates that “men and women be given equal pay for
equal work in the same establishment…The jobs need not be identical, but they must be
substantially equal…It is job content, not job titles, that determines whether jobs are
substantially equal” (Facts About Equal pay and Compensation Discrimination, n.d.). EPA
requires that employers pay equal wages to “men and women who perform jobs that require
substantially equal skill, effort and responsibility, and that are performed under similar working
conditions within the same establishment” (Facts About Equal Pay and Compensation
Discrimination, n.d.).
Other laws such as Title VII and ADA also act to “prohibit compensation discrimination
on the basis of race, color, religion, sex, national origin, age, or disability” (Facts About Equal
Pay and Compensation Discrimination, n.d.). Examples of these types of pay/compensation
discrimination are employers who pay employees “with a disability less than similarly situated
employees without disabilities” (Facts About Equal Pay and Compensation Discrimination, n.d.)
without a justifiable explanation, employers who compensate “women or African Americans
below that suggested by the employer’s job evaluation study” (Ibid) while paying men or whites
rates that are “consistent with the level suggested by the job evaluation study” (Ibid) or
employers whose neutral compensation practices result in an “adverse impact on employees in a
protected class and cannot be justified as job related and consistent with business necessity”
(Ibid).
You must inform our associates that the laws against compensation discrimination
include “salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life
insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations,

reimbursement for travel expenses and benefits” (Facts About Equal Pay and Compensation
Discrimination, n.d.). Similar to other anti-discrimination laws also it is unlawful to “retaliate
against an individual for opposing employment practices that discriminate based on
compensation” (Facts About Equal Pay And Compensation Discrimination, n.d.) or to retaliate
against them if they are involved in any manner of form in an compensation discrimination
investigation (Ibid).
Genetic Information Discrimination
You must be aware that as a company we do not collect, gather or purchase genetic
information concerning our past, present and future associates or employment applicants. In
addition, our company’s policy and practice is to treat all “inadvertent acquisitions” (Genetic
Information Discrimination, n.d.) of genetic information or other legally acquired material with
extreme confidentiality and entirely excluded from our employment related decision making
processes. Nevertheless, you must also be aware that under Title II of the Genetic Information
Nondiscrimination Act of 2008 (GINA) “discrimination on the basis of genetic information when
it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions,
layoffs, training, fringe benefits, or any other term or condition of employment” (Genetic
Information Discrimination, n.d.) is unlawful. Here, it must be mentioned that “an employer
may never use genetic information to make an employment decision because genetic information
is not relevant to an individual’s current ability to work” (Genetic Information Discrimination,
n.d.).

National Origin Discrimination
Title VII of the Civil Rights Act of 1964 mandates that “it is unlawful to discriminate
against any employees or applicant because of the individual’s national origin…No one can be
denied equal employment opportunity because of birthplace, ancestry, culture, linguistic
characteristics common to a specific ethnic group, or accent” (Facts About National Origin
Discrimination, n.d.). In addition, Title VII also requires that “equal employment opportunity
cannot be denied because of marriage or association with persons of a national origin;
membership or association with persons of a national origin group; membership or association
with specific ethnic promotion groups; attendance or participation in schools, churches, temples
or mosques generally associated with a national origin group; or a surname associated with a
national origin group” (Facts About National Origin Discrimination, n.d.).
You must always keep in mind that Title VII covers all areas of employment “including
hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other
term or condition of employment” (National Origin Discrimination, n.d.). Similar to other anti-
discrimination laws, it is also illegal “to harass a person because of his or her national origin”
(National Origin Discrimination, n.d.) when harassment “is so frequent or sever that it creates a
hostile or offensive work environment or when it results in an adverse employment decision such
as the victim being fired or demoted” (Ibid). Furthermore, under Title VII, employers are not
allowed to utilize general employment practices that have an unfavorable impact (disparate
impact) “on people of a certain national origin and is not job-related or necessary to the operation
of the business” (National Origin Discrimination, n.d.). Please also inform our associates that
“English fluency” (Facts About National Origin Discrimination, n.d.), “English-only rules”

(Ibid) or other linguistic requirements having to do with accents are only permissible “if it is
needed to promote the safe or efficient operation of the employer’s business (Ibid).
Pregnancy Discrimination
The Pregnancy Discrimination Act (PDA) is an amendment to the Title VII of the Civil
Rights Act of 1964 that outlaws discriminatory employment policies and practices “based on
pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job
assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance and
any other term or condition of employment” (Pregnancy Discrimination, n.d.). Accordingly, any
discrimination that is based on “pregnancy, childbirth, or related medical conditions constitutes
unlawful sex discrimination under Title VII” (Pregnancy Discrimination, n.d.) and “pregnant
employees must be permitted to work as long as they are able to perform their jobs” (Ibid)
including holding a “job for a pregnancy related absence the same length of time that jobs are
held open for employees on sick or disability leave” (Ibid).
PDA also provides for pregnancy related medical conditions by mandating that
employers “provide light duty, alternative assignments, disability leave, or unpaid leave to
pregnant employees if it does so for other temporarily disabled employees” (Pregnancy
Discrimination, n.d.) and make “reasonable accommodations …for a disability related to
pregnancy” (Ibid). Similar to other protected classes, under PDA “it is unlawful to harass a
woman because of pregnancy, childbirth or a medical condition related to pregnancy”
(Pregnancy Discrimination, n.d.) when harassment “is so frequent or sever that it creates a
hostile or offensive work environment or when it results in an adverse employment decision”
(Ibid). You must also inform our associates that under Family and Medical Leave Act (FMLA)
of 1993 “a new parent (including foster and adoptive parents) may be eligible for 12 weeks leave

(unpaid, or paid if the employee has earned or accrued it) that may be used for care of the new
child” (Pregnancy Discrimination, n.d.).
Race/Color Discrimination
Under Title VII of the Civil Rights Act of 1964, it is illegal to “discriminate against any
employee or applicant for employment because of race or color in regard to hiring, termination,
promotion, compensation, job training, or any other term, condition or privilege of
employment…Title VII also prohibits employment decisions based on stereotypes and
assumptions about abilities, traits, or the performance of individuals of certain racial groups”
(Facts About Race/Color Discrimination, n.d.). Most importantly, you must continuously remind
our associates that race discrimination is considered one of the most egregious and undesirable
types of conduct in our organization and any manner of harassment large or small is viewed by
extreme disfavor in our culture, nevertheless Title VII regards harassment as illegal when “it is
so frequent or sever that it creates a hostile or offensive work environment or when it results in
an adverse employment decision” (Race/Color Discrimination, n.d.).
You must also be cognizant of the subtleties associated with the application of Title VII
in regards to race/color discrimination. As an example, “even if a job requirement is applied
consistently, if it is not important for job performance or business needs, the requirement may be
found unlawful if it excludes persons of a certain racial group or color significantly more than
others (Facts About Race/Color Discrimination, n.d.). Please be advised that Title VII “also does
not permit racially motivated decisions driven by business concerns-for example, concerns about
the effect on employee relations, or the negative reaction of clients or customers…Nor may race
or color ever be a bona fide occupational qualification” (Facts About Race/Color
Discrimination, n.d.).

Religious Discrimination
Religious orientation is a protected category under Title VII of the Civil Rights Act of
1964 and employment related discrimination “against individuals because of their religion in
hiring, firing, and other terms and conditions” (Facts About Religious Discrimination, n.d.) is
unlawful. Under the provisions of the Act, employers must “reasonably accommodate the
religious practices of an employee or prospective employee, unless to do so would create an
undue hardship upon the employer (Facts About Religious Discrimination, n.d.). Please also be
aware that the aforementioned provisions discussed in earlier sections concerning harassment
and retaliation directed towards other protected categories also applies to matters involving
religious discrimination. However, in the event that accommodating an applicant’s or
employee’s “religious practices…requires more than ordinary administrative costs, diminishes
efficiency in other jobs, infringes on other employees’ job rights or benefits, impairs workplace
safety, causes co-workers to carry the accommodated employee’s share of potentially hazardous
or burdensome work, or if the proposed accommodation conflict with other law” (Facts About
Religious Discrimination, n.d.), the employer may claim “undue hardship” (Ibid) and be relieved
of facilitating such above said accommodation.
Sex-Based Discrimination & Sexual Harassment
Title VII of the Civil Rights Act of 1964 also regards sex as a protected category in
employment matters and any sex oriented discrimination in “any aspect of employment,
including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and
any other term and condition of employment” (Sex-Based Discrimination, n.d.) is unlawful.
Please emphasize to our associates that regulations against harassment and retaliation or other
protections imbedded in Title VII and discussed in earlier sections are also applicable in this

particular category. Please also inform our associates that our organization regards any manner
of sexual harassment with particular disfavor and maintain a zero tolerance policy towards this
type of conduct and behavior. In this light any form of sexual harassment such as unwelcomed
comments that compromise the professional, productive and performance oriented nature of our
organizational culture “will not be tolerated” (Facts About Sexual Harassment, n.d.) and will
result in “immediate and appropriate action when an employee complains” (Ibid).
Fair Labor Standards Act (FLSA)
The following are the general requirements of Fair Labor Standards Act (FLSA)
pertaining to our organization. FLSA is the federal law that “establishes minimum wage,
overtime pay, recordkeeping and child labor standards affecting full-time and part-time workers
in the private sector and in Federal, State and local governments” (Handy Reference Guide to the
Fair Labor Standards Act, n.d.). Many states also maintain their own wage oriented statutes that
may be distinct from federal law; nevertheless, our organization must always err on the side of
the more employee-centered set of regulations. In line with the parameters established by FLSA,
we maintain two distinct wage structures labeled as nonexempt and exempt wage
earners/employees.
In line with the provisions of FLSA, all nonexempt employees “are entitled to a
minimum wage of $7.25 per hour…must be paid overtime pay at a rate of not less than one and
one-half times their regular rates of pay after 40 hours of work in a workweek” (Basic Wage
Standards, n.d.). Nonexempt employees under FLSA are not limited in the amount of hours that
they “may work in any workweek” (aged 16 and older) (Fact Sheet #23: Overtime Pay
Requirements of the FLSA, n.d.). Most importantly, please be advised that “The overtime
requirement may not be waived by agreement between the employer and employees….An

announcement by the employer that no overtime work will be permitted, or that overtime work
will not be paid for unless authorized in advance, also will not impair the employee’s right to
compensation for compensable overtime hours that are worked” (Fact Sheet # 23: Overtime Pay
Requirements of the FLSA, n.d.).
Under FLSA exemptions are provided “from both minimum wage and overtime pay for
employees employed as bona fide executive, administrative, professional and outside sales
employees…certain computer employees…be paid on a salary basis at not less than $455 per
week (Fact Sheet # 17A: Exemptions for Executive, Administrative, Professional, Computer &
Outside sales Employees Under the Fair Labor Standards Act /FLSA, n.d.). Most importantly,
you must inform our associates that “job titles do not determine exempt status…In order for an
exemption to apply, an employee’s specific job duties and salary must meet all the requirements”
(Fact Sheet # 17A, n. d.). As an example, in addition to the minimum salary requirement, for an
executive employee exemption, the individual “must be managing the enterprise…or managing a
…department or subdivision of the enterprise…authority to hire or fire other
employees…or…promotion…of other employees” (Fact Sheet # 17A, n. d.).
In regards to the administrative employee exemption, in addition to the minimum salary
requirement, the individual must perform work “related to the management or general business
operations…the exercise of discretion and independent judgment with respect to matters of
significance” (Fact Sheet # 17A, n.d.). In this light also in regards to the professional employee
exemption, in addition to the minimum salary requirement, the individual must perform work
“requiring advanced knowledge, defined as work which is predominantly intellectual in
character…exercise of discretion and judgment…advanced knowledge in science or
learning…acquired by a prolonged course of specialized intellectual instruction…performance of

work requiring invention, imagination, originality or talent in a recognized field of artistic or
creative endeavor” (Fact Sheet #17A, n.d.).
In relation to the computer employee exemptions, in addition to the minimum salary
requirement, the individual must be employed “as a computer systems analyst, computer
programmer, software engineer or other similarly skilled worker” (Fact Sheet #17A, n.d.). FLSA
requirements mandate that computer employee exemption does not extend to “employees
engaged in the manufacture or repair of computer hardware and related equipment” (Fact Sheet #
17E, n.d.). In the cases of outside sales exemptions, the individual’s “primary duty must be
making sales…or obtaining orders…for which a consideration will be paid by the client or
customer…the employee must be customarily and regularly engaged away from the employer’s
place or places of business” (Fact Sheet #17A, n.d.).
You must inform all supervisors, managers and HR staff that recordkeeping is an essential
aspect of FLSA and “every covered employer must keep certain records for each nonexempt
worker” (Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards
Act/FLSA, n.d.). These records must include the employees’ “name…social security
[#]…address…birth date (if younger than19)…sex/occupation” (Fact Sheet #21, n.d.). The
records must also include all information related to the particular nonexempt employee’s regular
or overtime schedule, wages, deductions, pay rate and the “date of payment and the pay period
covered by the payment” (Fact Sheet #21, n.d.). Our legal obligations, also requires certain legal
and court ordered garnishments (separate from federal/state taxes, social security, etc.) to be
withheld from potential employees’ “disposable earnings” (Fact Sheet #30: The Federal Wage
Garnishment Law, Consumer Credit Protection Act’s Title 3/CCPA, n.d.). The amount of wage
garnishment may not “exceed the lesser of two figures: 25 percent of the employee’s disposable

earnings, or the amount by which an employee’s disposable earnings are greater than 30 times
the federal minimum wage (currently $7.25 an hour). In child support or alimony obligations
owed by an employee “the garnishment law allows up to 50 percent of a worker’s disposable
earnings to be garnished for these purposes if the worker is supporting another spouse or child,
or up to 60 percent if the worker is not…An additional 5 percent may be garnished for support
payments more than 12 weeks in arrears” (Fact Sheet # 30, n.d.).
7 Questions that will shed further light on Anti-Discrimination & FLSA Related
Matters
Question # 1: Define the concept of constructive discharge: Answer: Anti-Discrimination
laws that are enforced by EEOC also cover constructive discharge which means “forcing an
employee to resign by making the work environment so intolerable a reasonable person would
not be able to stay” (Prohibited Employment Policies/Practices, n.d.).
Question # 2: Give an example of a recruitment practice that may be unlawful under Title VII
and other anti-discrimination regulations: Answer: “An employer’s reliance on word-of-mouth
recruitment by its mostly Hispanic work force may violate the law if the result is that almost all
new hires are Hispanic” (Prohibited Employment Policies/Practices, n.d.). Best practice: In
general, job openings must be advertised in widely circulated media outlets that are to be
accessible by diverse audiences or are produced in diverse communities.
Question # 3: Give an example of a job advertisement that may be unlawful under Title VII and
other anti-discrimination regulations: Answer: “A help-wanted ad that seeks females or recent
college graduates may discourage men and people over 40 from applying and may violate the
law” (Prohibited Employment Policies/Practices, n.d.).

Question # 4: Define the concept of a reasonable accommodation: Answer: “A reasonable
accommodation is any change in the workplace (or in the ways things are usually done) to help a
person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and
privileges of employment…ramp for a wheelchair…interpreter for a blind or deaf employee or
applicant” (Prohibited Employment Policies/Practices, n.d.).
Question # 5: Does reasonable accommodation also applies to employees’ religious beliefs and
practices: Answer: “An employer may have to make reasonable adjustments at work that will
allow the employee to practice his or her religion, such as allowing an employee to voluntarily
swap shifts with a co-worker so that he or she can attend religious services” (Prohibited
Employment Policies/Practices, n.d.).
Question # 6: Is an “employee who remains at his/her desk while eating lunch and regularly
answers the telephone and refer callers is working” (Fact Sheet #22: Hours Worked Under the
Fair Labor standards Act/FLSA, n.d.): Answer: In this case the “time must be counted and paid
as compensable hours worked because the employee has not been completely relieved from
duty” (Fact Sheet #22, n.d.).
Question # 7: Are employers that are covered under the FLSA and anti-discrimination/EEO
regulations mandated to display specific U.S. Department of Labor and EEOC approved posters
in their place of employment and what are the Web addresses of samples of these posters:
Answer: Yes, by law, all employers that are covered under the FLSA and anti-
discrimination/EEO regulations must display such posters with the following Web addresses:
EEOC Poster: http://www.dol.gov/whd/regs/compliance/posters/minwagebw.pdf
FLSA Poster: http://www.dol.gov/whd/regs/compliance/posters/minwagebw.pdf

Important Anti-Discrimination, FLSA and HR Related Web Sites
1---The U.S. Equal Employment Opportunity Web site is an indispensable resource that will help
you understand the different anti-discrimination laws and regulations: Web Address:
http://www.eeoc.gov/
2---The U.S. Department of Labor, Wage and Hour Division Web site will help you gain a
strong foundation in Fair Labor Standards Act (FLSA) and other wage related matters. Web
Address: http://www.dol.gov/whd/
3---The Society for Human Resources Management (SHRM) is an authoritative repository of
services, resources and information in the field of HRM and associated disciplines. The
certification and preparatory educational processes of SHRM are widely accepted as the standard
in the HRM field. Web Address: http://www.shrm.org/
4---The Northeast Human Resources Association (NEHRA) is the local chapter of SHRM in our
area of operations including the state of Massachusetts. NEHRA offers valuable educational
resources and provides an indispensable community for her members. Web Address:
http://www.nehra.org/
5---The FindLaw Web site is a general resource containing information in all matters and
applications of law. You may find information on Employment Law, Immigration Law, Civil
Rights Law, Social Security/Retirement Planning, Arbitration/Mediation and other legal matters
in their web site. Web Address: http://www.findlaw.com

References
Age Discrimination, Retrieved June 16, 2013, form U.S. Equal Employment Opportunity
Commission Web site: http://www1.eeoc.gov//laws/types/age.cfm
Age Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment Opportunity
Commission Web site: http://www1.eeoc.gov//eeoc/publications/age.cfm
Disability Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment Opportunity
Commission Web site: http://www1.eeoc.gov//laws/types/disability.cfm
Facts About Equal Pay and Compensation Discrimination, Retrieved June 16, 2013, from U.S.
Equal Employment Opportunity Commission Web site:
http://www1.eeoc.gov//eeoc/publications/fs-epa.cfm
Facts About National Origin Discrimination, Retrieved June 16, 2013, from U.S. Equal
Employment Opportunity Commission Web Site:
http://www1.eeoc.gov//eeoc/publications/fs-nator.cfm
Facts About Race/Color Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment
Opportunity Commission Web site: http://www1.eeoc.gov//eeoc/publications/fs-race.cfm
Facts About Religious Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment
Opportunity Commission Web site: http://www1.eeoc.gov//eeoc/publications/fs-
religion.cfm
Facts About Sexual Harassment, Retrieved June 16, 2013, from U.S. Equal Employment
Opportunity Commission Web site: http://www1.eeoc.gov//eeoc/publications/fs-sex.cfm

Facts About the Americans with Disabilities Act, Retrieved June 16, 2013, from U.S. Equal
Employment Opportunity Commission Web site:
http://www1.eeoc.gov//eeoc/publications/fs-ada.cfm
Fact Sheet # 17A: Exemptions for Executive, Administrative, Professional, Computer & Outside
Sales Employees Under the Fair Labor Standards Act (FLSA), Retrieved June 16, 2013,
from U.S. Department of Labor, Wage and Hour Division Web site:
http://www.dol.gov/whd/regs/compliance/fairpay/fs17a_overview.pdf
Fact Sheet #17E: Exemption for Employees in Computer-Related Occupations Under the Fair
Labor Standards Act (FLSA), Retrieved June 16, 2013, from U.S. Department of Labor,
Wage and Hour Division Web site:
http://www.dol.gov/whd/regs/compliance/fairpay/fs17e_computer.pdf
Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA),
Retrieved June 16, 2013, from U.S. Department of Labor, Wage and Hour Division Web
site: http://www.dol.gov/whd/regs/compliance/whdfs21.pdf
Fact Sheet #22: Hours Worked Under the Fair Labor Standards act (FLSA), Retrieved June 16,
2013, from U.S. Department of Labor, Wage and Hour Division Web site:
http://www.dol.gov/whd/regs/compliance/whdfs22.pdf
Fact Sheet #23: Overtime pay Requirements of the FLSA, Retrieved June 16, 2013, from U.S.
Department of Labor, Wage and Hour Division Web site:
http://www.dol.gov/whd/regs/compliance/whdfs23.pdf

Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act’s Title 3
(CCPA), Retrieved June 16, 2013, from U.S. Department of Labor, Wage and Hour
Division Web site: http://www.dol.gov/whd/regs/compliance/whdfs30.pdf
Fair Labor Standards Act (FLSA) Minimum Wage Poster, Employee Rights Under the Fair
Labor Standards Act, Retrieved June 16, 2013, from U.S. Department of Labor, Wage
and Hour Division Web site:
http://www.dol.gov/whd/regs/compliance/posters/minwagebw.pdf
Genetic Information Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment
Opportunity Commission Web site: http://www1.eeoc.gov//laws/types/genetic.cfm
Handy Reference Guide to the Fair Labor Standards Act, Retrieved June 16, 2013, from U.S.
Department of Labor, Wage and Hour Division Web site:
http://www.dol.gov/whd/regs/compliance/hrg.htm
National Origin Discrimination, Retrieved June 16, 2013, from U.S. Department of Labor, Wage
and Hour Division Web site: http://www1.eeoc.gov//laws/types/nationalorigin.cfm
OFCCP Equal Employment Opportunity Posters, Equal Employment Opportunity is the Law,
Retrieved June 16, 2013, from U.S. Department of Labor, Office of Federal Contract
Compliance Programs Web site:
http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost.pdf
Perkins, D. (2013, June 17). Announcements. Week 4 Discussion Board. HRM6030 81539
Employee Rights/Employer Oblig SEC 02 Spring 2013 CPS Quarter Graduate[VTL-B-
Second Half Start-OL]. Message posted to

http://nuonline.neu.edu/webapps/portal/frameset.jsp?url=%2Fwebapps%2Fblackboard%2
Fexecute%2Flauncher%3Ftype%3DCourse%26id%3D_1692878_1%26url%3D
Pregnancy Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment Opportunity
Commission Web site: http://www1.eeoc.gov//eeoc/publications/fs-preg.cfm
Pregnancy Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment Opportunity
Commission Web site: http://www1.eeoc.gov//laws/types/pregnancy.cfm
Prohibited Employment Policies/Practices, Retrieved June 16, 2013, from U.S. Equal
Employment Opportunity Commission Web site:
http://www1.eeoc.gov//laws/practices/index.cfm
Race/Color Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment Opportunity
Commission Web site: http://www1.eeoc.gov//laws/types/race_color.cfm
Religious Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment Opportunity
Commission Web site: http://www1.eeoc.gov//laws/types/religion.cfm
Sex-Based Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment Opportunity
Commission Web site: http://www1.eeoc.gov//laws/types/sex.cfm
Walker, E. M. (2013, June 12). Announcements. Week 3 Discussion Board Learnings.
HRM6030 81539 Employee Rights/Employer Oblig SEC 02 Spring 2013 CPS (VTL-B-
Second Half Start-OL]. Message posted to

Walker, E.M. (2013). 3 Competitive Challenges Influencing HRM, Welcome/Overview to the
Course [PDF document, Camtasia recording]. HRM 6030 Legal Environment Overview
Revised Lecture Notes /Camtesia Recoding 6030 Welcome to Class. Retrieved from
Northeastern University, College of Professional Studies Blackboard Web site:
Walker, E.M. (2013). Key Elements of this Chapter, Chapter 1: Hiring [PDF document,
Camtasia recording]. HRM 6030 Legal Environment Hiring Part PDF Notes Revised/
Camtasia Recording: Hiring Part 1. Retrieved from Northeastern University College of
Professional Studies Blackboard Web site:

Intern Anti-Discrimination and Fair Labor Standards Act Training Overview HRM 6030 Final Assignment

Recommended

Recommended

More Related Content

What's hot

What's hot (20)

Similar to Intern Anti-Discrimination and Fair Labor Standards Act Training Overview HRM 6030 Final Assignment

Similar to Intern Anti-Discrimination and Fair Labor Standards Act Training Overview HRM 6030 Final Assignment (20)

More from Ardavan Shahroodi

More from Ardavan Shahroodi (20)

Intern Anti-Discrimination and Fair Labor Standards Act Training Overview HRM 6030 Final Assignment