managing within the law - drexel university
TRANSCRIPT
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Managing Within The Law
Engaging U
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• Introductions • Presentations with Q & A
- Family Medical Leave – Keyanah Jones - Disability Resources – Jenny Dugger - Equality and Non-Discrimination – Michele M.
Rovinsky-Mayer - Legal Issues for Managers – JuHwon Lee - Employee Relations – Nadia McCrimmon
• Case Study/Practice • Report-Out & Expert Feedback
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Family Medical Leave
Keyanah Jones, HR Consultant Human Resources
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• Recognize when to mention the acronym “FMLA” - Employee using excessive sick time - Conversation with employee about performance turns to
discussion regarding their illness • Details of an employee’s illness (or their
family member’s) are not up for discussion - The less you know regarding the FMLA reason, the less
risk you take on with FMLA
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• It is ok to reach out to your employee while
they are out - Sometimes it is not what you say but how you say things
• HR is your resource
- When you are unclear about FMLA, its process and what you can and cannot do
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Questions?
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Disability Resources
Jenny Dugger, Director Office of Disability Resources
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People with disabilities encounter greater barriers • Across all age groups, persons with a disability were
much less likely to be employed than those with no disability and less education (US Bureau of Labor Statistics, 2010)
• Labor Force Participation - People with Disabilities – 20.0% - People without Disabilities – 68.9% • Unemployment Rate - People with Disabilities – 12.9% - People without Disabilities – 8.7% (Office of Disability Employment Policy –http://www.dol.gov/odep/)
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Applicable Federal Legislation and University Policies: • The Americans with Disabilities Act (ADA) • Equality and Non-Discrimination Policy • Reasonable Accommodation of People with
Disabilities Policy
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Applicants/Application Process • Keep the idea of accessibility for everything in mind
• All work-related processes should be universally accessible
• Communication goes a long way:
Ex: “If you have a disability and need an accommodation, please contact the Office of Disability Resources at 215-895-1401.”
• Service animals – The only questions you may ask are:
1) “Is this a service animal due to the existence of a disability?” 2) “What task or function does it perform for you?” NOTE: You cannot ask if a person has a disability, but you can (and should) ask if the applicant/interviewee can meet the essential functions of the job with or without a reasonable accommodation.
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Accommodations/Registration Process with ODR • If an applicant or employee tells you they have a disability,
please refer them to ODR.
• If an employee seems to be struggling, provide them with all applicable resources (including ODR), referencing the observed behavior that elicited the concern.
• Employees requesting reasonable accommodations must present supporting documentation from a physician, psychologist, or other diagnosing/treating specialist to ODR.
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Accommodations/Registration Process with ODR • The Director of Disability Resources handles all employee
requests for accommodation.
• If an on-the-job accommodation is deemed to be reasonable, it will appear on the Accommodation Verification Letter (AVL) generated by ODR and will be emailed directly to the supervisor.
• The AVL is valid for one year before the employee will need to request a renewal.
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Create Universally Accessible Offices • Paperwork • Website • Space • Procedures
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Additional Resources: • Office of Disability Resources: www.drexel.edu/odr • Equality and Non-Discrimination Policy (OED-1):
http://www.drexel.edu/hr/resources/policies/dupolicies/
• Reasonable Accommodation of People with Disabilities Policy (OED-2): http://www.drexel.edu/hr/resources/policies/dupolicies/
• Job Accommodation Network: http://askjan.org/ • Office of Disability Employment Policy:
http://dol.gov/odep/
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Questions?
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Equality and Non-Discrimination
Michele M. Rovinsky-Mayer, J.D. Office of Equality and Diversity
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• Let policies be your guide.
• Use your resources and ask for help – as early as possible.
• Impact and effect are key - intent is not.
• When a complaint is filed, any action that could discourage someone from raising a concern or providing information could be considered retaliation.
• Never underestimate the power of an apology or the importance of being authentic.
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Questions?
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Legal Issues for Managers
JuHwon Lee Associate General Counsel and Chief Litigation Services
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Find the Rules and Follow Them • Most lawsuits we face claim that the University did not
follow its policies or procedures and that such failure constitutes a breach of contract
• Courts show great deference to institutions of higher education in making academic decisions, however, they don’t like arbitrary decisions.
• In disciplinary cases, it is even more important to follow University policies
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Find the Rules and Follow Them • The first thing plaintiffs do in the discovery phase of a lawsuit
is to request copies of all policies. They will try to show that a policy was not followed and/or that such deviation amounts to discrimination
• The policies or “rules” that we will be held to in litigation can be found in
- Provost’s Policies - HR Policies - Student Handbook - School, College, and Department Handbooks - Handouts, Websites, Memos, and Syllabi
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Find the Rules and Follow Them • Make sure that any old policies or procedures
that are out of date are replaced with the current versions
• Websites specifically need to be updated annually or shut down
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Modified Miranda Ruling
• Everything you say and everything you write will be used against you in a court of law
• In the early stages of litigation, the plaintiff will want every piece of paper, every communication, and all electronic data that exists
• It is guaranteed that something will surface that is not pretty - it will then become Exhibit A at the trial
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Modified Miranda Ruling
• Everything you write down with respect to a dispute should be written down accurately
• Oral statements can be just as damaging as written statements
• For written or oral communications, labeling something as “Confidential,” “just between us,” and “off-the-record” does not protect it
• Everything is discoverable
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Modified Miranda Ruling • E-mail is quick and convenient but e-mail never goes
away
• They are saved, forwarded, and they live forever - before you hit the “Send” button, ask yourself, “Should I put this in writing?”
• Be careful about what you say Statements meant to be ironic or funny don’t look that way in black and white
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• Learn to “Issue Spot”
• We don’t expect you to know what the law is on any given day. However, you do need to recognize when a legal issue arises
• The idea is that your ears should perk up whenever you see something that looks like it raises legal issues
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Learn to “Issue Spot” An allegation of discrimination, based on: • Race/National Origin • Sex • Age • Disability • Sexual Orientation • Religion
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Learn to “Issue Spot”
Any serious personnel matter, such as one involving: • Termination • Layoff • Medical Leave • A Whistle blower • Allegations of retaliation • Sexual harassment • Disability accommodations (for students, faculty or
staff
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Call for Help • When you think there is a problem
• If you are writing a letter and want someone to
review it
• If you have spotted an issue, or if you just want to bounce something off us, just call
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Questions?
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Employee Relations
Nadia McCrimmon, Employee Relations Director and HR Partner
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The Many Faces of Ageism • Early Retirement
- It is illegal for an employer to terminate, layoff, and/or eliminate an individual’s position because of their age
• Discrimination
- Age discrimination cases rose from 18,279 in1997 to 26,080 in 2011, according to the EEOC
- Settlements rose from $44.3 million to $95.2 million over the same period
• Misconceptions of Older Workers
- Don’t understand technology - Not willing to learn/try new things - Just waiting to retire
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Paternity/FMLA Birth or Adoptions of a Child
Fathers have the same rights as mothers during FMLA; may take up to 12 weeks of leave
Discrimination
Can not treat fathers differently from mothers
Retaliation Treating a father difference before, after, or during their FMLA
Performance Improvement Plan (PIP)
Can not place an employee on a PIP because they take FMLA
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Employment At Will • “At Will” Employment means
- Employees and employers retain the right to end the employment “at will” at any time and generally for any reason
• Two Weeks Notice
- Accept the notice - Do not treat the employee differently once notice has
been given
• Supervisors Must Supervise - Daily communications; if no progress in performance,
use Drexel’s Performance Improvement Process (PIP)
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Communication/Documentation • Don’t Procrastinate
• Be Clear and Consistent
• Be Upfront/Discuss Next Steps
• Keep Notes
• Annual and “Interim” Performance Evaluations
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• Performance Improvement Plan (PIP) Form found at: www.drexel.edu/hr/resources/policies/dupolicies/
• Employee Dispute on a PIP Contact Nadia McCrimmon at [email protected]
• Introductory Period For Questions or Extensions contact Nadia McCrimmon at [email protected]
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• Terminations - Position Eliminations - Layoffs - Involuntary Terminations.
• Exit Interviews - Send email to [email protected] - Include employee name, entity (Drexel or DUCOM), University ID number, last date of employment and email address
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Questions?
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• Assign a recorder and a reporter
• Review assigned case study
• Come up with a recommendation or proposed solution for the case study
• Panelists will be asked to weigh in and give an overall rating of proposed solution
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