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Compliance Training ABC INC. Employment Law Compliance Training

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Page 1: EEO TRNG For Supervisors

Compliance Training

ABC INC.

Employment Law

Compliance Training

Page 2: EEO TRNG For Supervisors

Employment Law ComplianceEmployment Law Compliance

As an employee, you are given information regarding many subjects, benefits, job responsibilities, business objectives, etc.

Managing employees according to legal requirements is also one of the responsibilities we take seriously at ABC INC..

No one can say they are too busy to understand and abide by legal requirements.

Page 3: EEO TRNG For Supervisors

Employment Law ComplianceEmployment Law Compliance

Purpose of Training: Understanding and adhering to the laws governing

employee management is critical to the success of our business and is a condition of employment.

The purpose of this session is to provide you with information regarding key federal laws governing employee management.

State employment laws will be enforced by the sites.

Page 4: EEO TRNG For Supervisors

Employment Law ComplianceEmployment Law Compliance

ABC INC. is committed to:– High moral and ethical standards

– Conducting business with honesty and integrity

– Complying with all applicable laws

– Meeting obligations to all who have a personal, professional or financial stake in what we do

Page 5: EEO TRNG For Supervisors

Employment Law ComplianceEmployment Law Compliance

Every manager is personally responsible and accountable for meeting all legal requirements when making decisions that will impact employees.

Page 6: EEO TRNG For Supervisors

Employment Law ComplianceEmployment Law Compliance

ABC INC., as an employer, is subject to many federal and state laws governing the treatment of employees.

We are committed to abiding by these laws and creating a workplace that is mentally and physically healthy for all our employees.

Page 7: EEO TRNG For Supervisors

Federal Employment LawsFederal Employment Laws

This training covers the following areas: EEO Affirmative Action Non-Harassment Disability Employee Leave Benefits Sexual Harassment is covered in a

separate reference

Page 8: EEO TRNG For Supervisors

Federal Employment LawsFederal Employment Laws

Equal Employment Opportunity (EEO):

Civil Rights Act of 1964 Age Discrimination in Employment Act of 1967 Equal Pay Act of 1963 Immigration Reform & Control Act of 1986 Pregnancy Discrimination Act of 1978

Page 9: EEO TRNG For Supervisors

Federal Employment LawsFederal Employment Laws

Affirmative Action: Executive Order 11246 Rehabilitation Act of 1973 Vietnam Era Veterans Readjustment

Assistance Act of 1974 Veterans Employment Opportunities Act of

1998

Page 10: EEO TRNG For Supervisors

Federal Employment LawsFederal Employment Laws

Non-Harassment: Civil Rights Act of 1964

Page 11: EEO TRNG For Supervisors

Federal Employment LawsFederal Employment Laws

Disability: Americans With Disabilities Act of 1990

Page 12: EEO TRNG For Supervisors

Federal Employment LawsFederal Employment Laws

Employee Leave Benefits: Family and Medical Leave Act Jury Duty Leave Uniformed Services Employment &

Reemployment Rights Act of 1994 Pregnancy Leave

Page 13: EEO TRNG For Supervisors

Federal Employment LawsFederal Employment Laws

We will look at each of these categories in more detail. You will learn more about

the requirements of each law.

Page 14: EEO TRNG For Supervisors

Equal Employment OpportunityEqual Employment Opportunity

EEO: The Civil Rights Act of 1964 offers the broadest

employment protections for employees. It says managers may make decisions about hiring, firing, training, compensation, job assignments, and any other conditions of employment based upon legitimate business criteria, but NOT based on:

Page 15: EEO TRNG For Supervisors

Equal Employment OpportunityEqual Employment Opportunity

Race Color Religion National Origin Sex (Including sexual harassment and

pregnancy) Equal Employment Opportunity means

“Equal Access” for qualified people.

Page 16: EEO TRNG For Supervisors

Equal Employment OpportunityEqual Employment Opportunity

If we consider someone’s race, color, sex, religion, or national origin in our employment decisions we are illegally discriminating.

Since race, color, sex, religion and national origin have nothing to do with anyone’s ability to do a job, they may not be considered in our decision making.

Page 17: EEO TRNG For Supervisors

Equal Employment OpportunityEqual Employment Opportunity

The Age Discrimination in Employment Act of 1967 says we may not make our employment decisions based on the age of an applicant or employee. It protects people over the age of 40. With few exceptions, employees may not be forced to retire at any given age either.

Page 18: EEO TRNG For Supervisors

Equal Employment OpportunityEqual Employment Opportunity

The Equal Pay Act of 1963 tells us we must pay men and women equally if they are doing the same jobs under the same conditions. It is not acceptable to pay a woman less than a man if they are performing the same work. It is acceptable to implement a fair compensation system like that used at ABC INC..

Page 19: EEO TRNG For Supervisors

Equal Employment OpportunityEqual Employment Opportunity

The Immigration Reform & Control Act of 1986 requires every employer to obtain documented proof that each new employee has the right to work in this country and that they are who they claim to be.

It prohibits discrimination based on national origin.

Page 20: EEO TRNG For Supervisors

Equal Employment OpportunityEqual Employment Opportunity

Under the Immigration Reform & Control Act of 1986 new employees have 72 hours to deliver to ABC INC. the documents required to support their I-9 Form entries.

If those documents are not delivered in the 3-day period, the law says the company must remove that employee from the payroll.

Page 21: EEO TRNG For Supervisors

Equal Employment OpportunityEqual Employment Opportunity

The I-9 Form specifies which documents are acceptable to prove identify and which are acceptable to prove right to work in this country.

It is common to have people offer passports, social security cards, driver’s license or special visas to satisfy these requirements.

Page 22: EEO TRNG For Supervisors

Equal Employment OpportunityEqual Employment Opportunity

The Pregnancy Discrimination Act of 1978 offers protection to all pregnant female employees, regardless of length of service. It requires ABC INC. and other employers to offer the same disability benefits to pregnant women as to any other disabled employee. Pregnancy leave comes with a guaranteed return to the same or similar job at the same or similar pay under the same or similar working conditions and location.

Page 23: EEO TRNG For Supervisors

Equal Employment OpportunityEqual Employment Opportunity

Equal Employment Opportunity (EEO) laws prohibit us from making employment decisions using:

Race Color Religion National Origin Sex Age Compensation differences based on sex or race

Page 24: EEO TRNG For Supervisors

Equal Employment OpportunityEqual Employment Opportunity

If you believe you have experienced illegal discrimination, you may file a complaint with ABC INC.. Your complaint will be investigated thoroughly and you will receive feedback about the result.

Page 25: EEO TRNG For Supervisors

Equal Employment OpportunityEqual Employment Opportunity

Everyone is entitled to exercise their right to file their complaint with a state or federal enforcement agency.

Once an external agency begins its investigation, the company may no longer discuss the problem with you directly. All communication about your complaint must be through the enforcement agency.

Page 26: EEO TRNG For Supervisors

Equal Employment OpportunityEqual Employment Opportunity

It is often faster to ask the company to investigate your complaint. If you are not satisfied with the result, you may still ask for help from a state or federal agency.

If you wish the company to investigate your complaint contact your HR representative, a supervisor you can trust, or call the Ethics Helpline at 1-888-912-2112

Page 27: EEO TRNG For Supervisors

Affirmative Action ProgramsAffirmative Action Programs

Affirmative Action is a program developed by the federal government to force vendors and contractors to implement equal employ-ment opportunity programs.

Affirmative Action is an “outreach and recruiting program” to assure we have diversity in our candidate pools from which employees are selected.

Page 28: EEO TRNG For Supervisors

Affirmative Action ProgramsAffirmative Action Programs

Affirmative Action Plans must be developed and updated each year.

There are requirements that we establish outreach and recruiting programs for:

– Minorities and Women– Disabled– Veterans

Page 29: EEO TRNG For Supervisors

Affirmative Action ProgramsAffirmative Action Programs

Affirmative Action for Minorities & Women Requires statistical analysis of our

workforce by race and sex so we know where to place our future recruiting efforts.

Requires narrative description of our company’s support of community programs, special recruiting efforts, and identification of numerical imbalance of minorities or women in portions of our workforce.

Page 30: EEO TRNG For Supervisors

Affirmative Action ProgramsAffirmative Action Programs

Affirmative Action for the Disabled requires Outreach and recruiting of qualified

disabled individuals Accommodation for people who need it

and are otherwise able to perform the job’s essential functions

Page 31: EEO TRNG For Supervisors

Affirmative Action ProgramsAffirmative Action Programs

Affirmative Action for Veterans requires Outreach and recruiting of qualified veterans

and disabled veterans. Accommodation for people who need it and

are otherwise able to perform the job’s essential functions.

Page 32: EEO TRNG For Supervisors

Affirmative Action ProgramsAffirmative Action Programs

The Rehabilitation Act of 1973 required accommodation for disabilities long before anyone had heard of the Americans With Disabilities Act (ADA). It applies only to contractors who sell goods or services to the federal government.

Page 33: EEO TRNG For Supervisors

Affirmative Action ProgramsAffirmative Action Programs

The Vietnam Era Veterans Readjustment Assistance Act of 1974 was specifically designed to help Vietnam veterans and disabled veterans.

In 1998, the Veterans Employment Opportunities Act was passed by Congress to extend the affirmative action umbrella to all veterans of any recognized war or military campaign.

Page 34: EEO TRNG For Supervisors

Affirmative Action ProgramsAffirmative Action Programs

As an affirmative action employer, ABC INC. invites veterans and people with disabilities to self-identify. All disabled employees are invited to request job accommodation if necessary in the employee’s view. The company seriously considers every request.

Page 35: EEO TRNG For Supervisors

Affirmative Action ProgramsAffirmative Action Programs

You are welcome to review your site’s Affirmative Action Program for Veterans and People with Disabilities by visiting the Human Resource Office.

Page 36: EEO TRNG For Supervisors

Affirmative Action ProgramsAffirmative Action Programs

At ABC INC. every employee is valued for the contributions they make.

Page 37: EEO TRNG For Supervisors

Non-HarassmentNon-Harassment

Supreme Court rulings prohibit employee harassment based on

Age Race Religion National Origin Sex (Gender) Disability

Page 38: EEO TRNG For Supervisors

Non-HarassmentNon-Harassment

One of the most often talked-about forms of harassment is sexual harassment. Because sexual harassment is more complex, the subject is covered separately in the last reference item, identified as

“Sexual Harassment in the Workplace”

A copy of this brochure can be obtained by printing a copy or asking your HR Representative for a copy of the brochure.

Page 39: EEO TRNG For Supervisors

Non-HarassmentNon-Harassment

Hostile environment harassment is any verbal, physical, or visual conduct which interferes with a person's job performance, or creates an intimidating offensive working environment even if there is no tangible or economic loss.

Examples are ethic emails, jokes or slurs, offensive pictures, treating people in hostile manner because of their race, age, etc.

Page 40: EEO TRNG For Supervisors

Non-HarassmentNon-Harassment

The majority of complaints involve subtle forms of harassment such as casual remarks disguised as social interactions. Individuals sometimes think that it is acceptable because they have such a good relationship with the individual.These subtle infringements are the hardest to detect and but just as damaging and just as illegal.

Page 41: EEO TRNG For Supervisors

Non-HarassmentNon-Harassment

ABC INC. has a complaint process for employees who feel they have been victims of harassment.

No employee will experience retaliation for filing a complaint of harassment or any other type of discrimination.

Page 42: EEO TRNG For Supervisors

DisabilityDisability

Violations of the ADA or the Rehabilitation Act are considered illegal employment discrimination.

Failing to make a reasonable accommoda-tion when requested is only permitted if the company can show that doing so would be an “undue hardship.” There are few situations that would pose an undue hardship for ABC INC..

Page 43: EEO TRNG For Supervisors

DisabilityDisability

When the company makes an accommoda-tion to a disabled employee, it is not offering special treatment. All disabled employees are expected to perform the essential functions of their jobs.

All managers and employees must recognize that disability accommodation is a legal requirement that helps ABC INC. retain productive workers.

Page 44: EEO TRNG For Supervisors

DisabilityDisability

A disabled employee may identify herself or himself at any time.

Once someone identifies himself or herself as disabled, they may or may not feel it necessary to request a job accommodation.

Requests for job accommodation must be initiated by the disabled employee - just contact your HR Representative or talk to your manager.

Page 45: EEO TRNG For Supervisors

Employee Leave BenefitsEmployee Leave Benefits

Family and Medical Leave ABC INC. is subject to the Family and Medical Leave Act which

requires us to offer up to 12 weeks of non-paid time off for A serious health condition that makes the employee unable to perform his or

her job; Birth and care of a newborn child; Adoption or foster care of a child; Care of the employee’s spouse, child or parent who has a serious health

condition. Eligible employees with a spouse, son, daughter, or parent on active duty or

call to active duty status in USA Military Branch of Service including National Guard, or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies

Eligible employees may take up to 26 weeks of leave to care for a covered service member during a single 12-month period.

Page 46: EEO TRNG For Supervisors

Employee Leave BenefitsEmployee Leave Benefits

To be eligible for Family and Medical Leave, an employee must have worked at least 1,250 hours for ABC INC. in the last 12 months.

Page 47: EEO TRNG For Supervisors

Employee Leave BenefitsEmployee Leave Benefits

Family and Medical Leave does not have to be taken all at once.

For example, if circumstances require an employee to be absent one day a week for chemotherapy, the leave would apply to those days and is called “Intermittent Leave.”

Page 48: EEO TRNG For Supervisors

Employee Leave BenefitsEmployee Leave Benefits

During Family and Medical Leave, the company will continue to pay its regular contribution to employee health insurance coverage.

Employees are guaranteed a return to work at their former job following a Family and Medical Leave.

Page 49: EEO TRNG For Supervisors

Employee Leave BenefitsEmployee Leave Benefits

Often, state laws must be considered when determining an employee’s Family and Medical Leave benefits.

If you need more information about how Family and Medical Leave can help you, please call your Human Resource office. They will get you the answers you need.

Page 50: EEO TRNG For Supervisors

Employee Leave BenefitsEmployee Leave Benefits

Jury Duty Leave When an employee is called to serve on a jury, or

to act as a witness in a court case, they will be placed on Jury Duty Leave or Witness Duty Leave.

Unless the employee wishes to use vacation time or other paid time off, this leave will be unpaid.

Page 51: EEO TRNG For Supervisors

Employee Leave BenefitsEmployee Leave Benefits

Employees called to Jury Duty or Witness Duty will usually be asked to provide their supervisor with a copy of the summons showing that they must appear in court.

A copy of the official “Release from Jury Duty” may also be required by supervisors.

Page 52: EEO TRNG For Supervisors

Employee Leave BenefitsEmployee Leave Benefits

Military Leave Employees who are members of the U.S.

uniformed services will be excused from work when they are called to active duty for any reason.

This leave is non-paid time.

Page 53: EEO TRNG For Supervisors

Employee Leave BenefitsEmployee Leave Benefits

Military Leave may involve service in the armed forces or in another uniformed service, such as the National Health Service.

State National Guard members are also given Military Leave when they must report for active duty.

Page 54: EEO TRNG For Supervisors

Employee Leave BenefitsEmployee Leave Benefits

Employees are guaranteed a return to their former jobs when their Military Leave has ended.

Your Human Resource office can explain the amount of time you will have to return to your job once you are released from active duty. Those periods vary depending on how long you have been gone.

Page 55: EEO TRNG For Supervisors

Pregnancy Leave Pregnant employees will be treated like any

other employee if they are disabled from work due to their pregnancy. Our policy for non-work-related disabilities will be used.

As with other disabilities, we will be guided by the input from medical professionals caring for the employee.

Employee Leave BenefitsEmployee Leave Benefits

Page 56: EEO TRNG For Supervisors

Employee Leave BenefitsEmployee Leave Benefits

It is common for state laws to influence how pregnancy disabilities are handled by ABC INC..

If you have questions about Pregnancy Leave, talk with your Human Resource office.

Page 57: EEO TRNG For Supervisors

Employee Leave BenefitsEmployee Leave Benefits

Employees on Pregnancy Leave are guaranteed a return to their former job when released by their health care professional.

Page 58: EEO TRNG For Supervisors

SummarySummary

You have just completed your review of employment laws covering:

EEO Affirmative Action Disability Employee Leave Benefits Non Harassment Disability Leaves

Page 59: EEO TRNG For Supervisors

SummarySummary

If you have a question or concern, we encourage you to contact the HR Manager, any member of the management team, or the company president

___________________________