Other Employment Law Issues

©SHRM 2008 Affirmative Action Executive Order 11246–1965. Applies to federal agencies and federal contractors. Requires employers to take positive steps to ensure equal opportunity employment of applicants. Requires equal opportunity treatment of employees.

©SHRM 2008 Affirmative Action AAP – Workers must be employed in proportion to their representation in the organization’s relevant labor market. An AAP may be in place in an attempt to correct past discrimination.

©SHRM 2008 COBRA – 1985 Consolidated Omnibus Budget Reconciliation Act (COBRA). Applies to organizations with 20 or more employees. Provides option of continued health insurance coverage to terminated employees. Termination must be a qualifying event.

©SHRM 2008 WARN – 1988 Worker Adjustment and Retraining Notification Act (WARN). Requires 60 days notice in the event of a mass layoff or plant closing. Notice to public agencies and unions. Applies to employers with 100 or more employees.

©SHRM 2008 Immigration Reform and Control Act (IRCA) of 1986 Two purposes of IRCA: > Curtail the flow of illegal immigrants coming into the United States seeking employment. > Prohibits discrimination against job applicants on the basis of national origin or citizenship.

©SHRM 2008 Immigration Reform and Control Act (IRCA) of 1986 Requires new employees to verify proof of identity and proof of right to work in the U.S. Requires I-9 form within three days of hire. Provides penalties for employers hiring illegal workers.

©SHRM 2008 USERRA – 1994 Uniformed Services Employment and Reemployment Rights Act (USERRA) of Provides employment protection to reservists and National Guard members called into active duty. Applies to virtually all employers regardless of size.

©SHRM 2008 USERRA – 1994 Escalator Principle: > Reemployment in the same job position that would have been reasonably attained if not for absence due to military service. > Protection from being penalized as a result of time spent in active duty.