Avoiding Workplace Pitfalls: Domestic and Foreign Employee Compliance. Employment Law Breakfast Series
Sponsored by Cowles & Thompson, PC & The International Business Council of the Frisco Chamber
Handout for Session II - Avoiding Discrimination Claims
Avoiding Workplace Pitfalls for Domestic and Foreign Workers - Discrimination...Badmus & Associates
Employment lawsuits and government audits and investigations are at a record high. In 2013 the government settled the largest immigration fine in history with a Plano, TX based company in the amount of $34 million for charges of visa and I-9 non-compliance. Avoid the penalties, damages, and negative publicity for those who have been caught unaware. Regardless of size or industry, your company must be able to prove its observance of federal and state employment laws and regulations concerning both domestic and foreign workers. The Frisco Chamber of Commerce International Business Council and Cowles & Thompson, PC present three educational events to help your organization meet regulatory challenges for your domestic and foreign employee workforce.
This presentation gives tips and tools to prevent and defend against employment and immigration discrimination claims.
The document discusses absence or leave as a reasonable accommodation under the Americans with Disabilities Act (ADA). It provides an overview of the ADA and what constitutes a disability and a qualified individual. It discusses requests for accommodation and the employer's obligation to engage in an interactive process. It addresses various types of accommodations including leave, modified schedules, working from home, and best practices for employers.
Courts and government agencies have been busy this year in the area of employment law. This presentation addresses the key new developments and cases from the last year and covers a wide variety of topics to keep you up-to-date on what is new in employment law and how to make sure your workplace is compliant.
Hot topics in employment law SHRM presentation April 8, 2015Polsinelli PC
Did you know that pregnancy discrimination is one of the EEOC's top 5 areas of focus? Learn more about this topic along with information around disability, transgender/gender identity and sexual orientation, wellness programs and obesity as it relates to the law.
Erin Schilling provides advice, counsel, and peace of mind so that employers can focus on what they do best – operating their business. Erin provides counsel to clients on a variety of employment issues including retaliation, leave issues and discrimination including age, race, disability, religion, national origin, and sex discrimination.
This document summarizes a webinar on managing workforces legally in 2022. It covers Covid-19 workplace policies including mandatory vaccination requirements. It also discusses federal developments like independent contractor standards. Other topics are restrictive covenants, criminal history discrimination laws, and data privacy acts. The webinar provides an overview of recent laws and guidance for employers to consider in developing compliant employment policies.
The document discusses key concepts in US employment law, including the employment-at-will doctrine and its exceptions, major federal statutes governing wages/hours and workplace safety/health, leave laws like FMLA, and protections against discrimination based on characteristics like race, gender, age, and disability under laws such as Title VII, EPA, ADEA, and ADA. Defenses to discrimination claims include business necessity, BFOQ, seniority systems, and after-acquired evidence of employee misconduct.
This document provides an overview and summary of an employment law seminar focused on ADA issues arising from the COVID-19 pandemic. The seminar covers ADA overview topics such as reasonable accommodations, disability-related inquiries, medical examinations, and safeguarding health information. It then discusses how the ADA applies specifically to the COVID-19 pandemic, including issues around direct threats, protective measures like masks and vaccines, and reasonable accommodations. The seminar concludes with a Q&A section addressing common questions employers have around disability inquiries, medical examinations, and providing reasonable accommodations during the pandemic.
Avoiding Workplace Pitfalls for Domestic and Foreign Workers - Discrimination...Badmus & Associates
Employment lawsuits and government audits and investigations are at a record high. In 2013 the government settled the largest immigration fine in history with a Plano, TX based company in the amount of $34 million for charges of visa and I-9 non-compliance. Avoid the penalties, damages, and negative publicity for those who have been caught unaware. Regardless of size or industry, your company must be able to prove its observance of federal and state employment laws and regulations concerning both domestic and foreign workers. The Frisco Chamber of Commerce International Business Council and Cowles & Thompson, PC present three educational events to help your organization meet regulatory challenges for your domestic and foreign employee workforce.
This presentation gives tips and tools to prevent and defend against employment and immigration discrimination claims.
The document discusses absence or leave as a reasonable accommodation under the Americans with Disabilities Act (ADA). It provides an overview of the ADA and what constitutes a disability and a qualified individual. It discusses requests for accommodation and the employer's obligation to engage in an interactive process. It addresses various types of accommodations including leave, modified schedules, working from home, and best practices for employers.
Courts and government agencies have been busy this year in the area of employment law. This presentation addresses the key new developments and cases from the last year and covers a wide variety of topics to keep you up-to-date on what is new in employment law and how to make sure your workplace is compliant.
Hot topics in employment law SHRM presentation April 8, 2015Polsinelli PC
Did you know that pregnancy discrimination is one of the EEOC's top 5 areas of focus? Learn more about this topic along with information around disability, transgender/gender identity and sexual orientation, wellness programs and obesity as it relates to the law.
Erin Schilling provides advice, counsel, and peace of mind so that employers can focus on what they do best – operating their business. Erin provides counsel to clients on a variety of employment issues including retaliation, leave issues and discrimination including age, race, disability, religion, national origin, and sex discrimination.
This document summarizes a webinar on managing workforces legally in 2022. It covers Covid-19 workplace policies including mandatory vaccination requirements. It also discusses federal developments like independent contractor standards. Other topics are restrictive covenants, criminal history discrimination laws, and data privacy acts. The webinar provides an overview of recent laws and guidance for employers to consider in developing compliant employment policies.
The document discusses key concepts in US employment law, including the employment-at-will doctrine and its exceptions, major federal statutes governing wages/hours and workplace safety/health, leave laws like FMLA, and protections against discrimination based on characteristics like race, gender, age, and disability under laws such as Title VII, EPA, ADEA, and ADA. Defenses to discrimination claims include business necessity, BFOQ, seniority systems, and after-acquired evidence of employee misconduct.
This document provides an overview and summary of an employment law seminar focused on ADA issues arising from the COVID-19 pandemic. The seminar covers ADA overview topics such as reasonable accommodations, disability-related inquiries, medical examinations, and safeguarding health information. It then discusses how the ADA applies specifically to the COVID-19 pandemic, including issues around direct threats, protective measures like masks and vaccines, and reasonable accommodations. The seminar concludes with a Q&A section addressing common questions employers have around disability inquiries, medical examinations, and providing reasonable accommodations during the pandemic.
This document provides a summary of key legal issues in human resources across three main areas: required posters and federal/state employment laws, the pre-employment and hiring process, and employment issues. It outlines specific laws and regulations regarding topics like discrimination, testing, independent contractors, employment agreements, workplace safety, and termination. The document is intended as an overview to help human resources professionals understand their legal obligations in managing employees.
Labor and Employment Aspects of Managing the WorkplaceGina Kuhlman
This document provides an overview of labor and employment law topics including discrimination, harassment, retaliation, disability leaves, employee privacy, and recent legal developments. It discusses who is protected under discrimination laws, what constitutes harassment and retaliation, requirements and obligations under the FMLA and ADA for disability and medical leaves, issues related to employee privacy and monitoring in the workplace, and strategies for minimizing employment claims. The presentation aims to help employers understand and comply with relevant employment laws and regulations.
The document discusses various employment laws including the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Equal Pay Act (EPA), Employee Retirement Income Security Act (ERISA), Fair Credit Reporting Act (FCRA), and Consolidated Omnibus Budget Reconciliation Act (COBRA). It provides summaries of the key aspects of each law such as covered employers and employees, prohibited conduct, required protections, potential penalties for noncompliance, and compliance tips.
Sport Law: A managerial Approach-Chapter 6aller011
This chapter discusses employment discrimination laws including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Equal Protection Clause. It explores how to properly hire, promote, and terminate employees without violating these anti-discrimination laws. Key points include proving discrimination, defenses like the Bona Fide Occupational Qualification, protecting those over 40 from age discrimination, providing reasonable accommodations for qualified individuals with disabilities, and showing non-discriminatory reasons for employment actions.
This program will cover the hottest topics in labor and employment law for 2015, including EEOC’s strategic initiatives, recent wage and hour developments, the NLRB’s encroachment into the non-union workplace, policy issues to consider in the year ahead, continuing questions about social media challenges, and more. This program will be a fast-paced look at these and various other trends that will impact employers this year and beyond, and will be aimed at enabling participants to get ahead of the curve to identify potential risks within their organizations.
• Goals for this webinar - Agenda
• Agency Update
• EEOC Strategic Initiatives
• Medical Issues in the Workplace
• Wage and Hour Developments
• The NLRB in Your Workplace
• Social Media Challenges
• Unemployment
• Reminders and Next Steps
The document summarizes recent developments in Canadian employment law across several topics:
1) Family status obligations have been recognized more broadly to include childcare needs, requiring employers to accommodate employees' scheduling requests.
2) An employee was reinstated with 9 years of back pay after developing anxiety from a stressful job where the employer failed to accommodate.
3) An employee was awarded damages under the human rights code in a wrongful dismissal case where their medical issues were a factor in termination.
4) Courts have affirmed employees have a duty to participate in the accommodation process and cannot abandon it by resigning.
GINA - Genetic Information Nondiscrimination Actdgevertz
1. GINA prohibits employers from using genetic information to make employment decisions such as hiring, promotions, discharge, compensation, and other terms of employment.
2. GINA restricts employers from intentionally acquiring genetic information about applicants and employees, with some exceptions such as health services programs.
3. GINA requires employers to keep any genetic information confidential by maintaining it in separate medical files separate from personnel files.
4. GINA prohibits employers from retaliating against employees who oppose unlawful practices under GINA such as genetic discrimination.
Topics include the following:
- issues related to COVID-19 in the workplace, including paid leave rights and benefits, return to work standards, and work-from-home arrangements
- Supreme Court decisions on sexual orientation discrimination, Age Discrimination in Employment Act and Equal Pay Act
- new regulations under the Fair Labor Standards Act
- expansion of employee rights and employer obligations under Illinois Law
- upcoming anti-harassment training deadline
- legal requirements taking effect in the second half of 2020 and in January 2021
- the impact of a California court’s decision regarding gig workers
- and more…
This document provides a summary of the Family and Medical Leave Act (FMLA) including:
- Employers with 50 or more employees are covered by the FMLA
- Eligible employees are those who have worked for their employer for 12 months and 1,250 hours in the last year
- The FMLA provides up to 12 weeks of unpaid, job-protected leave per year for qualified medical and family reasons
- Employers can require employees to substitute accrued paid leave for unpaid FMLA leave.
This document provides a disclaimer and overview of a toolbox of employment law information and resources. The summary states that the toolbox is intended for educational purposes and should not be considered legal advice. It also notes that using the toolbox does not create an attorney-client relationship and that competent legal advice should be sought from a licensed attorney. The toolbox includes glossaries, checklists, guides on topics like ADA/FMLA interaction and wage and hour law, as well as tools for investigations, terminations, reducing legal fees and more.
The document summarizes the services, processes, and guidelines of the Montana Human Rights Bureau. It discusses what types of discrimination cases the Bureau handles, the complaint and investigation process, definitions of key terms like harassment and reasonable accommodation, employer responsibilities, and resources for employers and employees.
2008 Hot Topics in Labor & Employment Lawptcollins
New Jersey Paid Family Leave Act, Keith McDonald
Potpourri of Employee Privacy Issues, Karen Thompson
Electronic Discovery 2008: Coming to a HR Department Near You, Fernando Pinguelo
Emergent Tax Issues in Employment Law, Charles Bruder
Developments in Harassment Law, David Cassidy
Family and Medical Leave Act, Proposed Regulations Changes, Pat Collins
This document provides an employment law toolbox with various cheat sheets and guides on important employment law topics. It includes 3-sentence summaries of key employment laws such as the ADA, ADEA, EPA, ERISA, COBRA and FCRA. The toolbox is intended to serve as a quick reference for understanding essential elements of major employment statutes and avoiding common legal pitfalls.
This document discusses working while filing for social security disability benefits. It notes that working may negatively impact a disability claim in two key ways. First, if an individual earns more than $1,070 per month they will not be eligible for benefits. Second, any work performed could be used by judges to determine the individual is more capable than what they have claimed. It advises individuals seeking benefits to not work at all during the application process to avoid roadblocks in determining the success of their claim. Contact with a social security disability attorney is recommended for any questions.
Law on Pregnancy Discrimination and BreastfeedingTom Spiggle
The document summarizes employment law regarding pregnancy and related conditions discrimination. It discusses the Pregnancy Discrimination Act and related case law. It also covers accommodations required under the Americans with Disabilities Act, the Family and Medical Leave Act, sex stereotyping claims under Title VII, and relevant state laws in Virginia, DC, and Maryland.
Stuart Rudner spoke at the Benefits3 Conference 2016 where he addressed medical marijuana; finding the balance between the duty to accommodate and the need to keep the workplace safe.
The document provides an overview of employment law topics presented by Stuart E. Rudner at a Next Steps Employment Centre event. It discusses common myths about employment law, calculating notice and severance pay, the legal cornerstones of employment standards legislation, common law, contracts and policies. It also covers hiring processes, human rights considerations, accommodation, policies, investigations and terminations.
2018 Employment and Labor Law Update: The Year of #MeTooJackson Walker LLP
Gary Fowler and John Jansonius presented "2018 Employment and Labor Law Update: The Year of #MeToo" at the 20th annual Labor & Employment Law Symposium on Oct. 11, 2018 at the Westin Galleria Hotel.
It's a good news/bad news story: The nation's birth rate has rebounded after a drop that followed the 2008 financial crisis. The bad news is pregnancy discrimination charges are also on the rise. This is a touchy area and one that employers need to keep a close eye on. This article describes new standards that clarify what's discriminatory, and what isn't.
This document summarizes current employment law risks and compliance issues for employers in 2016, including federal blacklisting laws, hiring practices, leave policies, wage and hour regulations, independent contractor classification, and dispute resolution requirements. It outlines new laws and regulations across these areas that increase employer liability, such as expanded definitions of labor law violations, city-level minimum wage and benefit mandates, joint employer standards, and limits on arbitration and non-compete agreements. The document warns that non-compliance in these changing areas exposes employers to litigation, penalties, lost defenses, and higher damages from employees.
This document provides a summary of key legal issues in human resources across three main areas: required posters and federal/state employment laws, the pre-employment and hiring process, and employment issues. It outlines specific laws and regulations regarding topics like discrimination, testing, independent contractors, employment agreements, workplace safety, and termination. The document is intended as an overview to help human resources professionals understand their legal obligations in managing employees.
Labor and Employment Aspects of Managing the WorkplaceGina Kuhlman
This document provides an overview of labor and employment law topics including discrimination, harassment, retaliation, disability leaves, employee privacy, and recent legal developments. It discusses who is protected under discrimination laws, what constitutes harassment and retaliation, requirements and obligations under the FMLA and ADA for disability and medical leaves, issues related to employee privacy and monitoring in the workplace, and strategies for minimizing employment claims. The presentation aims to help employers understand and comply with relevant employment laws and regulations.
The document discusses various employment laws including the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Equal Pay Act (EPA), Employee Retirement Income Security Act (ERISA), Fair Credit Reporting Act (FCRA), and Consolidated Omnibus Budget Reconciliation Act (COBRA). It provides summaries of the key aspects of each law such as covered employers and employees, prohibited conduct, required protections, potential penalties for noncompliance, and compliance tips.
Sport Law: A managerial Approach-Chapter 6aller011
This chapter discusses employment discrimination laws including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Equal Protection Clause. It explores how to properly hire, promote, and terminate employees without violating these anti-discrimination laws. Key points include proving discrimination, defenses like the Bona Fide Occupational Qualification, protecting those over 40 from age discrimination, providing reasonable accommodations for qualified individuals with disabilities, and showing non-discriminatory reasons for employment actions.
This program will cover the hottest topics in labor and employment law for 2015, including EEOC’s strategic initiatives, recent wage and hour developments, the NLRB’s encroachment into the non-union workplace, policy issues to consider in the year ahead, continuing questions about social media challenges, and more. This program will be a fast-paced look at these and various other trends that will impact employers this year and beyond, and will be aimed at enabling participants to get ahead of the curve to identify potential risks within their organizations.
• Goals for this webinar - Agenda
• Agency Update
• EEOC Strategic Initiatives
• Medical Issues in the Workplace
• Wage and Hour Developments
• The NLRB in Your Workplace
• Social Media Challenges
• Unemployment
• Reminders and Next Steps
The document summarizes recent developments in Canadian employment law across several topics:
1) Family status obligations have been recognized more broadly to include childcare needs, requiring employers to accommodate employees' scheduling requests.
2) An employee was reinstated with 9 years of back pay after developing anxiety from a stressful job where the employer failed to accommodate.
3) An employee was awarded damages under the human rights code in a wrongful dismissal case where their medical issues were a factor in termination.
4) Courts have affirmed employees have a duty to participate in the accommodation process and cannot abandon it by resigning.
GINA - Genetic Information Nondiscrimination Actdgevertz
1. GINA prohibits employers from using genetic information to make employment decisions such as hiring, promotions, discharge, compensation, and other terms of employment.
2. GINA restricts employers from intentionally acquiring genetic information about applicants and employees, with some exceptions such as health services programs.
3. GINA requires employers to keep any genetic information confidential by maintaining it in separate medical files separate from personnel files.
4. GINA prohibits employers from retaliating against employees who oppose unlawful practices under GINA such as genetic discrimination.
Topics include the following:
- issues related to COVID-19 in the workplace, including paid leave rights and benefits, return to work standards, and work-from-home arrangements
- Supreme Court decisions on sexual orientation discrimination, Age Discrimination in Employment Act and Equal Pay Act
- new regulations under the Fair Labor Standards Act
- expansion of employee rights and employer obligations under Illinois Law
- upcoming anti-harassment training deadline
- legal requirements taking effect in the second half of 2020 and in January 2021
- the impact of a California court’s decision regarding gig workers
- and more…
This document provides a summary of the Family and Medical Leave Act (FMLA) including:
- Employers with 50 or more employees are covered by the FMLA
- Eligible employees are those who have worked for their employer for 12 months and 1,250 hours in the last year
- The FMLA provides up to 12 weeks of unpaid, job-protected leave per year for qualified medical and family reasons
- Employers can require employees to substitute accrued paid leave for unpaid FMLA leave.
This document provides a disclaimer and overview of a toolbox of employment law information and resources. The summary states that the toolbox is intended for educational purposes and should not be considered legal advice. It also notes that using the toolbox does not create an attorney-client relationship and that competent legal advice should be sought from a licensed attorney. The toolbox includes glossaries, checklists, guides on topics like ADA/FMLA interaction and wage and hour law, as well as tools for investigations, terminations, reducing legal fees and more.
The document summarizes the services, processes, and guidelines of the Montana Human Rights Bureau. It discusses what types of discrimination cases the Bureau handles, the complaint and investigation process, definitions of key terms like harassment and reasonable accommodation, employer responsibilities, and resources for employers and employees.
2008 Hot Topics in Labor & Employment Lawptcollins
New Jersey Paid Family Leave Act, Keith McDonald
Potpourri of Employee Privacy Issues, Karen Thompson
Electronic Discovery 2008: Coming to a HR Department Near You, Fernando Pinguelo
Emergent Tax Issues in Employment Law, Charles Bruder
Developments in Harassment Law, David Cassidy
Family and Medical Leave Act, Proposed Regulations Changes, Pat Collins
This document provides an employment law toolbox with various cheat sheets and guides on important employment law topics. It includes 3-sentence summaries of key employment laws such as the ADA, ADEA, EPA, ERISA, COBRA and FCRA. The toolbox is intended to serve as a quick reference for understanding essential elements of major employment statutes and avoiding common legal pitfalls.
This document discusses working while filing for social security disability benefits. It notes that working may negatively impact a disability claim in two key ways. First, if an individual earns more than $1,070 per month they will not be eligible for benefits. Second, any work performed could be used by judges to determine the individual is more capable than what they have claimed. It advises individuals seeking benefits to not work at all during the application process to avoid roadblocks in determining the success of their claim. Contact with a social security disability attorney is recommended for any questions.
Law on Pregnancy Discrimination and BreastfeedingTom Spiggle
The document summarizes employment law regarding pregnancy and related conditions discrimination. It discusses the Pregnancy Discrimination Act and related case law. It also covers accommodations required under the Americans with Disabilities Act, the Family and Medical Leave Act, sex stereotyping claims under Title VII, and relevant state laws in Virginia, DC, and Maryland.
Stuart Rudner spoke at the Benefits3 Conference 2016 where he addressed medical marijuana; finding the balance between the duty to accommodate and the need to keep the workplace safe.
The document provides an overview of employment law topics presented by Stuart E. Rudner at a Next Steps Employment Centre event. It discusses common myths about employment law, calculating notice and severance pay, the legal cornerstones of employment standards legislation, common law, contracts and policies. It also covers hiring processes, human rights considerations, accommodation, policies, investigations and terminations.
2018 Employment and Labor Law Update: The Year of #MeTooJackson Walker LLP
Gary Fowler and John Jansonius presented "2018 Employment and Labor Law Update: The Year of #MeToo" at the 20th annual Labor & Employment Law Symposium on Oct. 11, 2018 at the Westin Galleria Hotel.
It's a good news/bad news story: The nation's birth rate has rebounded after a drop that followed the 2008 financial crisis. The bad news is pregnancy discrimination charges are also on the rise. This is a touchy area and one that employers need to keep a close eye on. This article describes new standards that clarify what's discriminatory, and what isn't.
This document summarizes current employment law risks and compliance issues for employers in 2016, including federal blacklisting laws, hiring practices, leave policies, wage and hour regulations, independent contractor classification, and dispute resolution requirements. It outlines new laws and regulations across these areas that increase employer liability, such as expanded definitions of labor law violations, city-level minimum wage and benefit mandates, joint employer standards, and limits on arbitration and non-compete agreements. The document warns that non-compliance in these changing areas exposes employers to litigation, penalties, lost defenses, and higher damages from employees.
Employment Practices Liability Insurance (EPLI) and Workers CompensationTom Daly
Please join us for a discussion with Cleve Daigle, Vice President of Hartwig Moss Insurance Agency (HMIA). Below are some of the topics Cleve will be discussing.
Employment Practices Liability Insurance (EPLI):
- What types of employee-related lawsuits are covered?
- Facts about Employment Practices Lawsuits
- Best Defenses against Employment Practices Lawsuits
Worker's Compensation Insurance:
- History of Worker’s Compensation Insurance
- 4 Types of Benefits Provided by Worker’s Comp Insurance
- Employers Liability Coverage
- What’s Best for Business Owners - Worker’s Comp or Medical Insurance?
- Best Defenses against Employment Practices Lawsuits
This newsletter provides a summary of 3 key articles:
1) The EEOC issued new guidance on applying the ADA to cancer, diabetes, epilepsy and intellectual disabilities. It defines these conditions as disabilities and provides examples of reasonable accommodations.
2) Employers must continue complying with IRS regulations for nonqualified deferred compensation plans to avoid penalties. The IRS provides voluntary correction programs for document and operational failures.
3) Comprehensive immigration reform being debated in Congress would impact recruiting, benefits and HR for many employers. The Senate may pass a bill by July and the House is considering separate reform bills.
This document provides a summary of an HR safety training presentation on labor law issues and risks ("labor landmines") in 2017. It covers several topics:
1. Harassment/discrimination training requirements for California employers with 50+ employees.
2. Recent changes to the Fair Employment and Housing Act regulations in California regarding written policies, protected classifications, and anti-bullying training.
3. Considerations for employers regarding transgender employees' access to facilities, California law on harassment protections for unpaid interns/volunteers, and EEOC guidance on questioning prospective employees about HIV/AIDS.
HRM UNIT II Lesson 1 EQUAL EMPLOYMENT OPPORTUNITY (EEO)_58f235c213585377c241c...VielMarvinPBerbano
Equal employment opportunity (EEO) laws prohibit discrimination in hiring and employment decisions based on certain protected characteristics. Under EEO, all qualified candidates should have an equal chance of being hired or promoted based solely on job-related merits regardless of their race, gender, religion, or other protected attributes. EEO regulations require employers to make employment decisions only based on factors like qualifications, performance, and conduct, rather than personal characteristics. Employers who violate EEO laws can face lawsuits and penalties.
Kris Tanner & Dan Ditto provide detailed information about recent HR updates and laws to help keep your business compliant in 2021.
As a co-employer, we're excited to help our clients continue to grow and achieve their business goals in 2021.
Navigating The Employment Cycle: Employer BewareMegan Denhardt
What is your organization doing to minimize risk brought about by employment liability? Identify ten areas that can trip up a nonprofit employer over the period of an employee's tenure. Avoid mistakes in the hiring and firing process, recognize and prepare for potential employment law issues, and guide your organization through the potential pitfalls lurking in the employment cycle.
Michael Buddendeck, assistant general counsel, AICPA
Lance Gibbons, of counsel, Littler Mendelson P.C.
James A. Woehlke, Esq. CAE, general counsel, New York State Society of CPAs
How can you keep your EPLI claims exposure down and achieve early resolution to employee disputes before they become claims? What factors do the insurance carriers consider when rating your EPLI program? How can you manage your claims to mitigate risk and improve your EPLI program? This webinar will answer these and other questions regarding managing your EPLI program and deploying effective risk mitigation techniques.
Presented by AlphaStaff VP of Employment Relations, Carrie Cherveny, Esq.
This document provides an overview of HR management topics including:
- Legislative updates on protected classes, FMLA, parental leave, and background checks.
- Employment law issues such as reasonable accommodation, social media, misclassification of workers, and joint employer liability.
- An overview of anti-discrimination laws including the Civil Rights Act, ADA, FMLA, and background check compliance.
- Best practices for recruiting, interviewing, hiring, onboarding, and managing contract labor in a legally compliant manner.
This document provides an overview of HR management topics including employment law, benefits, organizational development and training. It discusses key legislation like the Civil Rights Act, Americans with Disabilities Act, and Family Medical Leave Act. It also covers managing contractors, background checks, interviewing best practices, and handling issues like discrimination, reasonable accommodation, and workplace conflict. The document is intended as a comprehensive guide and reference for HR professionals.
Basic presentation on employment law for recruiters. Significant content in speaker notes only; many slides are all or mostly visuals. Contact me if interested in using.
This document summarizes key points from Chapter 2 of a PowerPoint presentation on equal opportunity and the law. It discusses major pieces of equal employment legislation like Title VII and the ADA. It covers topics such as proving discrimination, defenses to allegations of discrimination, and preventing sexual harassment. The learning objectives are to explain important laws, avoid sexual harassment accusations, define adverse impact, explain defenses, cite discriminatory practices, discuss the EEOC process, and explain diversity management.
This document provides summaries of key topics in employment law, including:
1) EEOC highlights on pregnancy discrimination and transgender discrimination cases. Pregnant workers cannot have assumptions made about their abilities and must be given equal parental leave. Gender identity and sexual orientation discrimination may violate Title VII.
2) Updates on wage and hour law including the new overtime salary threshold of $47,476 under the FLSA. Employers should review exempt employees' compensation and consider reclassification.
3) Medical and safety issues like leave as a reasonable accommodation under the ADA, even if not eligible for FMLA. Employers should avoid inflexible leave policies and properly communicate in the interactive process.
This document provides an agenda and summary of updates on various labor and employment law topics presented by Gina Kuhlman at the Akron Society for Human Resource Management. Key points include: provisions of the Hiring Incentives to Restore Employment Act regarding payroll tax exemptions and business tax credits for hiring new employees; requirements of the Genetic Information Non-Discrimination Act; proposed EEOC rules implementing the ADA Amendments Act and relating to the Age Discrimination in Employment Act; NLRB recess appointments that may impact existing decisions; and an extension of unemployment benefits.
HR Solutions 10th Year Anniversary Employment Law UpdateGregory Guilford
The document summarizes key employment law updates in the UK, including the abolition of the default retirement age, expanded maternity/paternity leave provisions, the Equality Act, the Bribery Act, Agency Worker Regulations, and upcoming pension reforms. It provides details on new rights for employees in each area as well as advice for employers on complying with the changing legislation.
Americans With Disabilities Act Training Presentation (ADA)Jackie Xicara
Training presentation was created for an Employee and Labor Relations school course assignment. This presentation discusses ADA compliance requirements for employers.
Similar to Avoiding Workplace Pitfalls: Domestic and Foreign Employee Compliance - Discrimination Claims (20)
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us at:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services are offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us at:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services are offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us at:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services are offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
Unlocking the Secrets to National Interest Waiver Green Cards!Badmus & Associates
Attorney Ann Badmus discusses National Interest Waiver (NIW) green card options for qualified applicants.
Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
Immigration attorney Ann Badmus discusses the basic H-1B visa requirements, how to register for the H-1B cap lottery, and more.
This information is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your immigration situation and options, you are invited to contact us:
Badmus & Associates
https://badmuslaw.com
immigration@badmuslaw.com
214-494-8033
Principal office in Dallas, Texas
Immigration services offered nationwide.
#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
Learn how highly accomplished and high level professionals may apply for green cards through the EB-1 priority workers categories. Foreign nationals in any industry or occupation can qualify. We have helped doctors, dentists, artists, engineers, business owners, athletes, and many other international professionals win an EB-1 green cards. In most cases, EB-1 green cards are approved much faster than most other options.
Watch this webinar and get the details of these fast-track green card options including Extraordinary Ability, Outstanding Researcher/Professor, and Multinational Executives/Managers.
How to Avoid Costly H-1B Visa Compliance Mistakes in the Trump Era of Heighte...Badmus & Associates
The Trump administration has declared that "protecting American workers by combating fraud in our employment-based immigration programs is a priority."
As a result, the Department of Homeland Security, Department of Labor, and Department of Justice have announced plans to take a "more targeted approach" and aggressively audit H-1B employers and the work sites of H-1B employees.
Watch this webinar and find out how to protect your business and employees under the Trump enforcement policy.
Topics include:
✔What to expect from the Trump administration's newly announced H-1B policy of putting American workers first
✔How to avoid and address immigration discrimination claims by U.S. citizens and others
✔When employers are required to onboard and pay the new H-1B employee and the three steps you must undertake to effectively terminate employment of your H-1B workers.
✔How to document and support the salary offered for the H-1B position and avoid wage disputes and claims.
✔What are the recordkeeping requirements mandated by the Department of Labor (DOL) and how to maintain records that will survive a DOL audit.
✔How to deal wih company structure, employment conditions, and other changes that affect your H-1B worker's immigration status.
✔The timelines and deadlines you must observe to avoid loss of legal status and employment eligibility of your H-1B employee.
✔How to prepare for and survive government audits of your H-1B visa compliance program.
New Immigration Rules Every Employer Needs to Know for 2017 and BeyondBadmus & Associates
" Don't get caught unaware - find out the immigration rule changes that could impact your visa employees and your business!
What you will learn on the Webinar
✔Under what conditions you can promote or relocate your employees during the green card process, without incurring additional costs for a new green card application
✔When and how your employees can change jobs during the green card process and your obligations if that happens
✔How more employers can avoid the H-1B visa numerical limitations (“cap”), qualify for cap-exemption, and hire more H-1B workers at any time of the year
✔The new H-1B visa rules affecting extensions, changing employers, terminating employment, licensing, protection for whistleblowers, and more
✔What employers need to do to qualify under the new STEM OPT rule for extending work authorization of your F-1 student visa interns and employees
✔Which employees qualify for the new employment authorization document (EAD) automatic extension rules and how to properly re-verify their employment eligibility on the I-9 form, and more!
Employers: What You Must Know to Safeguard Your Business From Costly H-1B Vis...Badmus & Associates
PDF version
What you will learn on the Webinar :
1 Who is responsible for attorney fees and application costs associated with the H-1B petition.
2 How to document and support the salary offered for the H-1B position and avoid wage disputes and claims.
3 When employers are required to onboard and pay the new H-1B employee.
4 How to deal wih company structure, employment conditions, and other changes that affect your H-1B worker's immigration status.
5 What are the recordkeeping requirements mandated by the Department of Labor (DOL) and how to maintain records that will survive a DOL audit.
6 The timelines and deadlines you must observe to avoid loss of legal status and employment eligibility of your H-1B employee.
7 The three steps you must undertake to effectively terminate employment of your H-1B workers.
8 How to prepare for and survive government audits of your H-1B visa compliance program, and much more ...
What Employers Must Know to Safeguard Business From Costly H-1B Visa ViolationsBadmus & Associates
What you will learn on the Webinar :
1 Who is responsible for attorney fees and application costs associated with the H-1B petition.
2 How to document and support the salary offered for the H-1B position and avoid wage disputes and claims.
3 When employers are required to onboard and pay the new H-1B employee.
4 How to deal wih company structure, employment conditions, and other changes that affect your H-1B worker's immigration status.
5 What are the recordkeeping requirements mandated by the Department of Labor (DOL) and how to maintain records that will survive a DOL audit.
6 The timelines and deadlines you must observe to avoid loss of legal status and employment eligibility of your H-1B employee.
7 The three steps you must undertake to effectively terminate employment of your H-1B workers.
8 How to prepare for and survive government audits of your H-1B visa compliance program, and much more ...
Discover the Missteps that Can Sabotage Your H-1B Visa Approval. In these slides and video, you will learn:
✔The critical facts that determine your eligibility for an H-1B visa and the information you MUST include in your application
✔Common problems that can occur after H-1B approval and how to prepare for and resolve them
✔Tips and tools you can use to manage your H-1B visa process smoothly
✔Important deadlines and timelines you need to know so you can avoid unnecessary delays
✔How to document your company's need for and ability to support the offered position
✔How to properly classify your position to meet Department of Labor wage requirements
✔Updates on the H-1B visa compliance requirements to help you manage your visa properly
✔And more....!
5 Major Mistakes Business Owners Make That Expose Them to Legal RisksBadmus & Associates
This document discusses 5 major legal risks that can expose businesses to liability. It begins by explaining how failing to properly maintain company records, reports, and governance can lead to legal and financial issues. Next, it describes how failing to use contracts to protect a company's interests can leave it unprotected. It then discusses how failing to proactively address workplace issues like policies in an employee handbook or misclassifying workers as contractors increases risks. Finally, it notes that lacking a comprehensive immigration compliance plan can result in violations and claims against a business.
HR Best Practices You Must Use to Avoid Immigration Discrimination ClaimsBadmus & Associates
The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) investigates claims of immigration-related and citizenship discrimination in the Form I-9, Employment Eligibility Verification process. Claims, investigations, and penalties are on the rise in this area as employers, large and small, make often innocent mistakes in the dealing with I-9 and E-Verify issues. Watch this presentation for employer best practices to avoid liability.
This document discusses 6 alternatives to H-1B visas for foreign national professionals:
1) Hiring options for candidates with previous H-1B status who are cap-exempt or eligible for concurrent H-1B petitions.
2) Other temporary visa options like H-1B1, E-3, TN, E-2, H-3, J-1, L-1, and O-1 visas that have different eligibility requirements and maximum periods of stay.
3) Green card options like EB-1, EB-2, EB-3 PERM labor certifications and national interest waivers that provide a path to permanent residence but require sponsorships and can take 1.
This educational session is designed to take the mystery out of complex immigration rules and provide you with the basic knowledge to successfully place foreign national physicians.
Watch and get an in-depth overview of the most common H-1B visa alternatives and strategies that can help you place these physicians faster.
Here's a summary of what you can expect to learn:
You'll learn about other visa options to hire qualified medical providers now.
You'll learn how some employers can avoid the H-1B cap and get H-1B visas year-round through available exemptions (“cap exemptions”)
You’ll learn about a certain loophole in the H-1B cap – the concurrent H-1B – that can let private employers
You'll learn about green card options as a viable alternative to H-1B visas
Top 6 Alternatives to H-1B Visas for Foreign ProfessionalsBadmus & Associates
This webinar gives you an in-depth overview of the most common H-1B visa alternatives and strategies to obtain work authorization for your foreign born employees. Learn about E-2, L-1, O-1, TN and other visa options to hire qualified professionals now, extension of F-1 OPT EADs, H-1B cap exemptions, and green card options as alternative to H-1B visas
The document summarizes an executive action immigration workshop presented by Cowles & Thompson, P.C. It discusses proposed changes to employment-based green cards and work authorizations. It also outlines the requirements and benefits of Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA), including protection from deportation, work authorization, and eligibility for drivers licenses and Social Security numbers. The document stresses the importance of consulting an experienced immigration attorney for legal advice regarding any immigration application or criminal matters.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
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Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
1. 8/6/2014
1
Avoiding Workplace Pitfalls
Domestic and Foreign Employee Compliance
Session II – Preventing and Defending Discrimination Claims
Agenda
1
2
3
Discrimination Claims and
North Texas Businesses
Immigration Anti-Discrimination Pitfalls
How to Prevent and Defend
Employment Discrimination Claims
Discrimination Claims &
North Texas Businesses
Mark Hill
Shareholder, Cowles & Thompson, P.C.
2. 8/6/2014
2
Legal Landscape
100s of claims are filed in North Texas
State and Federal Courts everyday.
Employment claims against local
businesses are an increasing part of the
legal landscape in Collin, Dallas and
surrounding counties.
Most Common Business Claims
Fiduciary cases Contract cases
EMPLOYMENT
cases
Employment Cases
Non-compete
Confidentiality
& Trade Secret
FLSA Discrimination
3. 8/6/2014
3
Common Types of Discrimination
Disability
Race, National
Origin
Age
Gender Religion
Discrimination Claims Filed within
Last 2 Weeks!
Disability Claims
Oil & Gas Company
•Amnesia, Medications (pro se)
Consulting Business
• Carpal Tunnel
Retail Business
• Cancer, Treatment
4. 8/6/2014
4
Race/National Origin Claims
Automotive Business
•Terminated, Retaliation Claim
Telecommunications Company
• Performance
Hospitality Business
• Harassment
Age Claims
Retail Business
• Harassment, Policy
Financial Institution
• Termination
What can the Business
Owner do?
5. 8/6/2014
5
(…and how to help your case)
Written Policy
Consistent Documentation
Preserve Records/File
(…and how to help your case)
Evaluate Termination Basis
Witness ID & Review
Be Cautious with
Communications
Recent Experiences
DFW Medical
Center
Plano Technology
Manufacturer
6. 8/6/2014
6
How to Prevent and Defend
Employment Discrimination Claims
Brian Farrington
Shareholder, Cowles & Thompson, P.C
Discrimination
What is Discrimination?
-not necessarily unfair or unreasonable
What is the legal meaning of discrimination?
-Adverse action against people because of
protected group membership.
So, it’s illegal to discriminate because of:
Who is Protected?
-Race (Title VII of Civil Rights Act of 1964)
-Color (Title VII)
-National Origin (Title VII)
-Religion (Title VII)
-Sex (Title VII)
-Age, 40 and up (Age Discrimination in Employment
Act—ADEA)
-Disability (Americans With Disabilities Act—ADA)
7. 8/6/2014
7
Who is Protected?
In Texas, these laws only apply to employers
who have:
-15 or more employees
-on the payroll
-for at least 20 weeks
-of the current or preceding calendar year
Other states have lower thresholds, or even
cover all employers
Who is Protected?
States can also create additional protected
groups—e.g.,
-Sexual Orientation
-Marital Status
-Off Duty Use of Legal Products
Direct Evidence of Discrimination
How do employees prove discrimination?
One way is where there is DIRECT EVIDENCE of
employment decisions motivated by protected
group membership—e.g., Slack v. Havens
8. 8/6/2014
8
Disparate Treatment
Where there is no direct evidence, there may
be INDIRECT EVIDENCE.
The most common model of a discrimination
claim is DISPARATE TREATMENT (a/k/a the
“SHIFTING BURDEN analysis”).
Disparate Treatment
Step 1: Employee must make a prima facie case.
In a typical firing case, for example, here are
the elements:
-Member of protected group
-Suffers an adverse action
-Qualified for the job
-Replaced
Disparate Treatment
Step 2: Employer must “articulate” a
“legitimate, non-discriminatory reason” for
the adverse action. At this point, the Employer
relies on:
9. 8/6/2014
9
Disparate Treatment
DOCUMENTATION
-write-ups, performance appraisals,
production records, attendance, etc.
CONSISTENCY
-with what Employer said it would do (e.g.,
policies); and
-with what Employer has done in similar
situations in the past
Disparate Treatment
Step 3: Burden shifts back to the Employee:
-PROVE that the reasons given by the Employer
are false
-In the past, Employer would then have to show
false reason was “pretext” for discrimination
-Now, just giving false reasons allows jury to
infer a discriminatory motive
In Hiring, Promotions:
Where a “facially neutral policy” has a harsher
result for one or more protected groups than
for others, it can be discriminatory.
Examples:
-Height requirements in police departments
-Unnecessary education/training
requirements
Disparate Treatment
10. 8/6/2014
10
First articulated in Griggs v. Duke Power Co.:
-prior to July 2, 1965, company would not hire
Blacks
-started hiring Blacks on July 2, 1965, but also
started requiring high school diploma
-in N. Carolina, only 11% of Blacks had diplomas
(31% of Whites)
So HS graduation requirement had DISPARATE
IMPACT on Black applicants.
Disparate Treatment
If a criterion has a disparate impact, it is NOT
automatically illegal.
BUT:
Employer must PROVE that the standard is “job
related” and “consistent with business
necessity.”
Disparate Treatment
EEOC is looking very hard at such disparate
treatment issues as:
-Criminal background checks (“ban the box”)
=must consider nature of offense, elapsed
time, subsequent history, relation of offense
to job.
-Credit checks
Disparate Treatment
11. 8/6/2014
11
“4/5ths” Rule:
-if pass rate of any group is less than 80% of
pass rate for other group(s), there is a
disparate impact
Disparate Treatment
Testing: How does Employer prove a test that
has a disparate impact is job related and
consistent with business necessity?
Uniform Guidelines on Employee Selection
Procedures—29 CFR 1607
Three ways to show test is valid
Disparate Treatment
1.Measures a skill or aptitude required by the
job—e.g., typing test.
2.Identifies personality traits or aptitudes which
are important to the job—e.g.,
communication skills in sales employees
3. Predicts success on the job—history shows
that the better candidates do, the more likely
they are to succeed.
Disparate Treatment
12. 8/6/2014
12
Pregnancy
Gilbert v. General Electric, 1976—discrimination
against pregnant people NOT sex
discrimination
Pregnancy Discrimination Act, 1978—Oh yes it
is!
Pregnancy must be treated as any other
temporary medical disability (but no special
treatment or accommodation required)
Health insurance and income maintenance
benefits must be equal
Seniority of female on maternity leave continues
Exception (BFOQ) very narrowly interpreted
-UAW v. Johnson Controls: as long as pregancy
does not interfere with ability to perform job,
employee must be allowed to work
Pregnancy
PDA does not require maternity leave, but FMLA
does.
Family Medical Leave Act: covered employers
must provide up to 12 weeks job protected
leave for pregnancy (and other serious health
conditions).
“Covered Employer” has 50 employees, or is
government agency.
Pregnancy
13. 8/6/2014
13
Eligible Employee:
-worked for employer for 12 months
-in 12 months preceding leave, worked 1,250
hours or more
-works at a location where employer has at least
50 employees within 75 miles
Pregnancy
Although PDA does not require
“accommodations,” and ADA does not define
pregnancy as a disability, EEOC is looking very
hard at ways to protect pregnant employees.
New guidance issued by EEOC recently points
out that many conditions associated with
pregnancy can be disabilities, and would
require accommodation.
Pregnancy
Sexual Harassment
"Quid Pro Quo“
-Exchange of job favors for sexual favors.
-Done by Supervisor/Agent
-Company is responsible.
14. 8/6/2014
14
Hostile or Offensive Environment
-"Unwelcome" sexual advances.
-Objectively offensive—reasonable person in
the place of the victim would find conduct
offensive
Sexual Harassment
"Unwelcome" Physical or Verbal Conduct of a
Sexual Nature
-"Unwelcome" - both objectively and
subjectively
-Must be serious and pervasive, not isolated
or incidental
Sexual Harassment
-Physical conduct - touching, etc. - even one
incident may be enough.
-Verbal
=Comments on body, clothing, appearance
=Jokes
=Description/questions on love life
=Miscellaneous—Pictures, novelties
Sexual Harassment
15. 8/6/2014
15
Company Liability—If hostile environment
created by co-worker, company is not liable if:
-Company did not know of conduct.
-Company had no reasonable way to know.
-Anti-harassment policy/complaint
mechanism is in place
Sexual Harassment
Hostile or offensive environment if supervisor
does it:
-If supervisor does it, and a tangible job
detriment occurs (e.g., demotion, discharge),
employer is strictly liable
-If supervisor does it, and no tangible job
detriment occurs, company is liable but can
raise affirmative defense
Sexual Harassment
Affirmative Defense
-Company has widely disseminated and
effective internal complaint process
-Employee does not take advantage of internal
complaint process
Sexual Harassment
16. 8/6/2014
16
Disability
Americans with Disabilities Act (ADA)
Definition of "disability:"
-any physical or mental condition which
substantially limits one or more of an
individual's major life activities; or
-a record of such impairment; or
-being regarded as having such an impairment
Disability
Qualified individual with disability
-meets basic qualifications (education,
experience, etc.)
-can, with or without reasonable
accommodation, perform essential functions
of job
Disability
-Requires "reasonable accommodation" unless
"undue hardship" - tough definition of undue
hardship
-Forbids any pre-offer inquiries about
health/disability
17. 8/6/2014
17
Age Discrimination
-Protected group is age 40 & up
-NO MANDATORY RETIREMENT!
-RIF's, layoffs - modified prima facie case
=RIF criteria applied uniformly
=statistics alone don’t make a case (but
support one)
Religion
Reasonable accommodation required, unless
more than de minimus cost
Conflict with dress and grooming codes
Observance of holidays, etc.
Interviews/Applications
If you need to know, ask; if not, don't:
-Age, date of birth - child labor only
-Race, religion, national origin - NO! (not even
a photo)
18. 8/6/2014
18
Interviews/Applications
Disability, etc.
-Have job description listing essential
functions
-Ask only if can perform essential function
-If applicant initiates it, discuss reasonable
accommodations
-Education - only to the extent relevant
-Sex, marital status, family, etc. - don't ask
-Arrest, conviction, deferred adjudication - you
may ask about convictions only - have
disclaimer
Interviews/Applications
-Garnishment - No
-Bankruptcy - No
-Citizenship - No. Say that the company, in
compliance with IRCA, requires proof of
identity and eligibility to work. (I-9)
Interviews/Applications
19. 8/6/2014
19
Application Form
-EEO statement
-Authorization for pre-employment testing
-Misleading, inaccurate information or
omissions grounds for termination
Interviews/Applications
-Authorization for previous employers, schools,
etc. to provide or confirm information.
Release these from liability.
-Statement of at-will status (cannot be varied by
anyone except --)
Interviews/Applications
Pre-employment inquiry guide – lists acceptable
and unacceptable questions – most states
with anti-discrimination laws have them—get
one!
Interviews/Applications
20. 8/6/2014
20
Terminations
Do a risk profile:
-Warning and chance to improve (unless must
fire ASAP)
-Consistent with own policy
-Age
-Sex (pregnant?)
-Effect on EEO profile
-Seniority
-Replacement
-Adequate documentation
-Consistent with previous actions in similar
situations
-Recently on medical/workers comp leave
Terminations
Termination Interview
-Rehearse
-Employer witness (who takes notes)
-Choose time and place to minimize discomfort,
embarrassment, humiliation
Terminations
21. 8/6/2014
21
-Brief and clean - not too specific
-Don't argue
-Don't let them down too easily
-Explain any benefits, last paycheck, payment of
vacation/sick/severance, COBRA, etc.
Terminations
-Allow opportunity to vent (he may even agree -
good at trial!)
-No improper comments, and don't be trapped
into making them
-Detailed narrative later - signed by both
Terminations
Immigration Anti-Discrimination Pitfalls
Angela M. Lopez
Shareholder, Cowles & Thompson, P.C
22. 8/6/2014
22
Department of Homeland Security
U.S. Citizenship and Immigration
Service (USCIS) www.uscis.gov -
immigration benefits and
services
U.S. Customs and Border
Protection (CBP) – www.cbp.gov
– border patrol and
international travel facilitation
Department of Homeland Security
Immigration and Customs Enforcement
Investigates employers for
compliance with employment
employer verification rules
and removes undocumented
aliens from the United States
www.ice.gov
U.S. Department of Labor
Investigates employer verification
compliance, visa compliance,
violation of worker rules
www.foreignlaborcert.doleta.gov
23. 8/6/2014
23
U.S. Department of Justice
Office of Special Counsel (OSC)
Investigates and prosecutes
charges of immigration-related
unfair employment practices
www.usdoj.gov/crt/osc
Prohibited Conduct
Citizenship or
Immigration
Status
Discrimination
National Origin
Discrimination
Document Abuse
Retaliation or
Intimidation
Citizenship/Immigration Status
Discrimination
Prohibits different
treatment because of
citizenship or
immigration status
Protects US citizens,
recent permanent
residents, temporary
residents, asylees or
refugees only
24. 8/6/2014
24
National Origin Discrimination
Prohibits different
treatment because of place
of birth, country of origin,
ancestry, native language,
accent, or looks or sounds
“foreign”
Protects ALL work authorized
individuals
Document Abuse
Prohibits request for
more or different
documents than
required or rejection
of genuine-looking
documents
Prohibits requirement
of specific documents
based upon
citizenship status or
national origin
Protects ALL work
authorized individuals
Common Mistakes
Your supervisor catches you before
you start interviewing applicants for
a job. She says, “Find out if those
two near the door have their ‘green
cards’ before you waste your time.
Did you discriminate in hiring?
25. 8/6/2014
25
Common Mistakes
As president of your company, you
issue a memo stating, “Please be
careful when hiring people who look
like they crossed the border
illegally.”
Have you committed national origin discrimination?
Common Mistakes
You find two equally qualified
candidates to fill one position.
In deciding between the two,
you decide on one because he
is a permanent resident and
the other, an asylee, only has
a temporary work permit
(EAD).
Have you committed citizenship status discrimination?
Common Mistakes
You implement an employee
referral program. Unofficially,
you tell employees that you
prefer they only refer
applicants who are U.S.
citizens.
Are you in compliance with the INA?
26. 8/6/2014
26
Common Mistakes
You hire Angela Lopez and are
surprised when she hands you
a state-issued driver’s license
and an unrestricted Social
Security card for her I-9 form.
You say, “I must see a card
issued by the USCIS.”
Does Angela have a case against you?
Penalties for Anti-Discrimination
Violations
$100 to $16000
depending upon
the violation
Back pay (no
more than 2
years before
claim was filed)
Hire or re-hire
Personnel
Training
Attorney Fees
27. 8/6/2014
27
Recent OSC Settlements
June 12, 2014
Violation: Commercial Cleaning Systems required work-
authorized non-U.S. citizens to present specific documents
issued by the USCIS in order to verify their employment
eligibility, while U.S. citizens were permitted to present their
choice of documentation.
Settlement: $53,500 in civil penalties, $25,000 back pay fund
a result of the company’s discriminatory document practices,
and government oversight of its employment eligibility
verification practices for one year.
Recent OSC Settlements
May 7, 2014
Violation: Master Klean Janitorial subjected work-authorized
non-U.S. citizen new hires to unlawful demands for specific
documentation issued by the U.S. Department of Homeland
Security in order to verify their employment eligibility, while
U.S. citizens were permitted to present their choice of
documentation.
Settlement: $75,000 in civil penalties, undergo training on
the anti-discrimination rules, revise employment eligibility
verification policies, and government oversight of its
employment eligibility verification practices for one year.
Recent OSC Settlements
April 24, 2014
Violation: El Rancho required lawful permanent residents to
present a new employment eligibility document after being
hired when their Permanent Resident cards expired, even
though the Form I-9 and E-Verify rules prohibit this practice
because lawful permanent residents have permanent work
authorization in the United States, even after their Permanent
Resident cards expire.
Settlement: $43,000 in civil penalties, undergo training on
the antidiscrimination rules, and government oversight of its
employment eligibility verification practices for one year.
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28
OSC Stats and Trends
During Fiscal Year 2013, the Office of
Special Counsel set a new record by
collecting almost $900,000 in civil penalties
under the anti-discrimination provision of
the INA. Over the same period, the Office
also collected over $250,000 in back pay
relief for victims of discrimination.
OSC Referral Sources
USCIS
Department
of Labor –
Wage &
Hour
Legal Aid
Bureaus
Immigrant
Advocacy
EEOC
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29
What to Do Next?
Facts of each case are different.
The general information provided
here should not be relied and is
not legal advice.
Consult with an experienced
attorney to get the right
advice for your specific
circumstances.
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