Legal Literacy for Supervisors Best Practices for Mitigating Risk

Education’s Own Insurance Company. Road Map Overview of employment laws Tips on how to handle employment situations 6/13/20122Legal Literacy for Supervisors

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Education’s Own Insurance Company. True or False? Individuals that are not the direct target of harassing behavior have no basis for complaint. 6/13/2012Legal Literacy for Supervisors5

Education’s Own Insurance Company. 6/13/2012Legal Literacy for Supervisors6 Individuals that are not the direct target of harassing behavior have no basis for complaint. False

Education’s Own Insurance Company. Harassment and Discrimination Sex Age Race Color Religion Disability National Origin Veteran Status Genetic Information 6/13/2012Legal Literacy for Supervisors7

Education’s Own Insurance Company. Supervisors should be educated on how to prevent and remedy all forms of unlawful harassment and discrimination 6/13/2012Legal Literacy for Supervisors8 Harassment and Discrimination

Education’s Own Insurance Company. True or False? The Americans with Disabilities Act (ADA) mandates the hiring of individuals with disabilities. 6/13/2012Legal Literacy for Supervisors9

Education’s Own Insurance Company. True or False? The Americans with Disabilities Act (ADA) mandates the hiring of individuals with disabilities. 6/13/2012Legal Literacy for Supervisors10 False

Education’s Own Insurance Company. Americans with Disabilities Act (ADA) Requires employers to provide “reasonable accommodations” 6/13/2012Legal Literacy for Supervisors11

Education’s Own Insurance Company. Americans with Disabilities Act (ADA) 6/13/2012Legal Literacy for Supervisors12 Wait until accommodations are requested Do not state employee is disabled unless a formal determination is made

Education’s Own Insurance Company. True or False? An employee requests time off to care for a parent who has been diagnosed with cancer and requires extensive treatment. However, the employee cannot provide certification from the treating physician as to the scope and duration of the treatment. It is within your rights as an employer to deny this request for FMLA leave. 6/13/2012Legal Literacy for Supervisors13

Education’s Own Insurance Company. True or False? An employee requests time off to care for a parent who has been diagnosed with cancer and requires extensive treatment. However, the employee cannot provide certification from the treating physician as to the scope and duration of the treatment. It is within your rights as an employer to deny this request for FMLA leave. 6/13/2012Legal Literacy for Supervisors14 True

Education’s Own Insurance Company. Family Medical Leave Act (FMLA) 6/13/2012Legal Literacy for Supervisors15 12 weeks unpaid leave Eligible after 12 months employment Do not need to take all 12 weeks at one time District of Columbia – FMLA- eligible for 16 weeks total within a 24 month period.

Education’s Own Insurance Company. Family Medical Leave Act (FMLA) Human Resources is a valuable ally when an employee could be eligible for or misusing FMLA leave. 6/13/2012Legal Literacy for Supervisors16

Education’s Own Insurance Company. True or False? The head cashier of your bookstore informs you that she just joined a new religion, and can no longer work Friday afternoon due to her need to attend services. Fridays from 3:00 to 5:00 is the cash closeout for the bookstore, during which she must be present as part of her job requirements. The only other person that can complete this task is the Assistant Controller, who steps in for illnesses and vacations, but cannot fill in every Friday afternoon. It is within your rights to deny this request. 6/13/2012Legal Literacy for Supervisors17

Education’s Own Insurance Company. True or False? The head cashier of your bookstore informs you that she just joined a new religion, and can no longer work Friday afternoon due to her need to attend services. Fridays from 3:00 to 5:00 is the cash closeout for the bookstore, during which she must be present as part of her job requirements. The only other person that can complete this task is the Assistant Controller, who steps in for illnesses and vacations, but cannot fill in every Friday afternoon. It is within your rights to deny this request. 6/13/2012Legal Literacy for Supervisors18 True

Education’s Own Insurance Company. Must accommodate employees with sincerely held religious beliefs that conflict with work responsibilities 6/13/2012Legal Literacy for Supervisors19 Religious Accommodations

Education’s Own Insurance Company. Religious Accommodations Most common issues:  Holy Days  Religious Dress 6/13/2012Legal Literacy for Supervisors20

Education’s Own Insurance Company. True or False? A report of harassment that is made only after transfer, demotion or termination is false because it is made for revenge and can be considered retaliation. 6/13/2012Legal Literacy for Supervisors21

Education’s Own Insurance Company. True or False? A report of harassment that is made only after transfer, demotion or termination is false because it is made for revenge and can be considered retaliation. 6/13/2012Legal Literacy for Supervisors22 False

Education’s Own Insurance Company. Retaliation against an employee engaged in protected activity is prohibited 6/13/2012Legal Literacy for Supervisors23 Retaliation

Education’s Own Insurance Company. Retaliation Act rationally when confronted by an accusatory employee 6/13/2012Legal Literacy for Supervisors24

Education’s Own Insurance Company. True or False? Based on the desire to build a diversified workforce, it is necessary to diversify your staff by hiring individuals underrepresented at your institution. 6/13/2012Legal Literacy for Supervisors25

Education’s Own Insurance Company. True or False? Based on the desire to build a diversified workforce, it is necessary to diversify your staff by hiring individuals underrepresented at your institution. 6/13/2012Legal Literacy for Supervisors26 False

Education’s Own Insurance Company. Hiring Focus on applicant’s qualifications 6/13/2012Legal Literacy for Supervisors27

Education’s Own Insurance Company. Hiring Provide guidelines to supervisors on the hiring process 6/13/2012Legal Literacy for Supervisors28

Education’s Own Insurance Company. True or False? Since most states follow an “employment-at- will” doctrine, it is within the institution’s legal rights to terminate an older employee for no just cause and fill the opening with a younger individual. 6/13/2012Legal Literacy for Supervisors29

Education’s Own Insurance Company. True or False? Since most states follow an “employment-at- will” doctrine, it is within the institution’s legal rights to terminate an older employee for no just cause and fill the opening with a younger individual. 6/13/2012Legal Literacy for Supervisors30 False

Education’s Own Insurance Company. Termination of Employees Many lawsuits arise out of terminations Numerous exceptions have eroded the doctrine of at-will employment 6/13/2012Legal Literacy for Supervisors31

Education’s Own Insurance Company. Termination of Employees Supervisors should know state and federal laws Supervisors must speak with human resources if they believe someone should be terminated. 6/13/2012Legal Literacy for Supervisors32

Education’s Own Insurance Company. Essential Supervisory Practices Use HR as a resource Conduct accurate performance evaluations Document employee performance problems Use progressive discipline Watch what you say (and type) Be familiar with employment laws 6/13/2012Legal Literacy for Supervisors33

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Education’s Own Insurance Company. All information provided is of a general nature and is not intended to address the circumstances of any particular individual or entity. No one should act upon this information without appropriate professional advice after a thorough examination of the facts of the particular situation. Copyright © 2010 by United Educators Insurance, a Reciprocal Risk Retention Group. All rights reserved. Contents of this document are for members of United Educators only. Permission to post this document electronically or to reprint must be obtained from United Educators. Kim Nimmo Senior Risk Management Consultant Two Wisconsin Circle, Fourth Floor Chevy Chase, MD Sarah Braughler Claims Counsel Two Wisconsin Circle, Fourth Floor Chevy Chase, MD