EEO Trng for Supervisors

Compliance Training
ABC INC.
Employment Law
Compliance Training

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.

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.

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

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

 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.

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

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

Affirmative Action:
 Executive Order 11246
 Rehabilitation Act of 1973
 Vietnam Era Veterans Readjustment
Assistance Act of 1974
 Veterans Employment Opportunities Act of
1998

Non-Harassment:
 Civil Rights Act of 1964

Disability:
 Americans With Disabilities Act of 1990

Employee Leave Benefits:
 Family and Medical Leave Act
 Jury Duty Leave
 Uniformed Services Employment &
Reemployment Rights Act of 1994
 Pregnancy Leave

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

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:

 Race
 Color
 Religion
 National Origin
 Sex (Including sexual harassment and
pregnancy)
 Equal Employment Opportunity means
“Equal Access” for qualified people.

 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.

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.

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..

 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.

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.

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.

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.

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

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.

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.

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

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.

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

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.

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

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.

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.

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.

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.

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

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

Non-HarassmentNon-Harassment
Supreme Court rulings prohibit employee
harassment based on
 Age
 Race
 Religion
 National Origin
 Sex (Gender)
 Disability

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.

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.

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.

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.

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..

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.

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.

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.

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.

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.”

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

SummarySummary
You have just completed your review of
employment laws covering:
 EEO
 Affirmative Action
 Disability
 Employee Leave Benefits
 Non Harassment
 Disability
 Leaves

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
___________________________

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