Training Progam I delivered for a Pennsylvania Employer in 2013. Info should be closely checked to ensure it is in line with your company policies as well as home state laws and regs.

1. Compliance Training
<Insert Company Name Here>
Employment Law
Compliance Training

2. Employment Law ComplianceEmployment Law Compliance

<Insert Company Name Here>, 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.

3. Employment Law ComplianceEmployment Law Compliance
 Managing employees according to legal
requirements is one of the responsibilities that
must be taken seriously at <Insert Company Name Here>.
 As a supervisor, you are given information
regarding many subjects, benefits, job
responsibilities, business objectives, policies,
procedures, reminders fro HR…etc. etc, etc.
 No one can say “I am not aware of, or I am too
busy to understand and abide by legal
requirements”.

4. Equal Employment OpportunityEqual Employment Opportunity
(EEO)(EEO)
EEO laws prohibiting <Insert Company Name Here>
from making employment decisions using:
 Race
 Color
 Religion
 National Origin
 Age
 Disability
 Gender, including pregnancy
 And, most recently Sexual Orientation
 Compensation differences based on sex or race

5. Federal Employment LawsFederal Employment Laws
1. National Labor Relations Act of 1935
2. Fair Labor Standards Act of 1938
3. Labor Management Relations Act of 1947
4. 1963 Equal Pay Act
5. 1964 Title VII of the Civil Rights Act
6. Occupational Safety and Health Act of 1970
7. 1974 Employee Retirement Income
Security Act (ERISA)
8. 1996 Health Insurance Portability and
Accountability Act (HIPAA)
9. 1986 Immigration Reform and Control Act
10. 1996 Mental Health Parity Act
11. 1996 Newborns' and Mothers' Health
Protection Act
12. 2002 Sarbanes-Oxley Act
13. 1967 Age Discrimination in Employment Act
14. 1968 Consumer Credit Protection Act
15. Fair Credit Reporting Act of 1969
16. Pregnancy Discrimination Act of 1978
17. Uniform Guidelines on Employee Selection
Procedures of 1978
18. Sex Discrimination Act 1984
(Also covers Sexual Harassment)
15. Immigration Reform & Control Act of 1986
16. Consolidated Omnibus Benefits Reconciliation
Act of 1986 (COBRA)
17. Employee Polygraph Protection Act of 1988
18. Worker Adjustment and Retraining Notification
Act of 1988 (WARN Act)
19. Americans with Disabilities Act of 1990 (ADA)
20. Family and Medical Leave Act of 1993
21. Uniformed Services Employment and
Reemployment Rights Act of 1994
22. Lilly Ledbetter Fair Pay Act of 2009
23. Countless Federal Reporting Requirements

6. Equal EmploymentEqual Employment OpportunityOpportunity
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 protected classes

7. Equal Employment OpportunityEqual Employment Opportunity
 If we consider someone’s race, color, gender,
religion, age, or national origin in our
employment decisions we are illegally
discriminating.
 Since race, color, gender, 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.

8. 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.

9. Equal Employment OpportunityEqual Employment Opportunity
The Equal Pay Act of 1963 and the Lilly Ledbetter Fair
Pay Act of 2009 are laws that require paying men and
women equally if they are in similarly situated jobs,
i.e.,
1. performing work that requires substantially equal skill,
effort, and responsibility; and
2. under similar working conditions as the opposite
gender counterpart.
An employer can also avoid liability by demonstrating
that the wage disparity was based solely on seniority,
merit, or some other factor independent of gender.

10. 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.

11. Equal Employment OpportunityEqual Employment Opportunity
Under the Immigration Reform & Control Act
of 1986 new employees have 72 hours to
deliver to <Insert Company Name Here> the
documents required to support their I-9
Form entries.
– The I-9 Form specifies which documents are
acceptable to prove identify and which are
acceptable to prove right to work in this country.
– If those documents are not delivered in the 3-
day period, the law says the company must
remove that employee from the payroll.

12. 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 <Insert Company Name Here> and other
employers to offer the same disability benefits to pregnant
women as to any other disabled employee.
1. Pregnant employees will be treated like any other employee
if they are disabled from work due to their pregnancy, and
as with other disabilities, <Insert Company Name Here> will
be guided by input from medical professionals caring for the
employee.
2. 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.

13. Equal Employment OpportunityEqual Employment Opportunity
If an employee believes s/he has
experienced illegal discrimination, s/he may
file a complaint with the HR Manager.
The complaint will be investigated
thoroughly and the employee will receive
feedback about the result.

14. 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 the employee directly.
All communication about the complaint must be
through the enforcement agency.

15. Equal Employment OpportunityEqual Employment Opportunity
It is often faster to ask the company to
investigate a complaint. If not satisfied with
the result, the employee may still ask for help
from a state or federal agency.
If an employee desires the company to
investigate a complaint encourage the
employee to an HR representative

16. Sexual HarassmentSexual 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 a detailed
“Sexual Harassment Policy”
A copy of the <Insert Company Name Here>“Sexual
Harassment Policy” can be obtained from HR

17. Hostile Environment
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.

18. HarassmentHarassment
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.

19. Preventing HarassmentPreventing Harassment
<Insert Company Name Here> 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.

20. DisabilityDisability
Violations of the Americans with Disability Act (ADA)
are considered illegal employment discrimination.
Failing to make a reasonable accommodation when
requested is only permitted if the company can show
that doing so would be an “undue hardship.”
Occasionally there are situations that would pose an
undue hardship for <Insert Company Name Here> and can
only be resolved by HR exploring, with the impacted
individual, any possible reasonable accommodations.

21. DisabilityDisability
When the company makes an accommodation
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 <Insert Company Name Here>
retain productive workers.

22. DisabilityDisability
A disabled employee may identify herself
or himself at any time.
1. Even if someone self-identifies as
disabled, s/he may or may not feel it
necessary to request a job
accommodation.
2. If a request for job accommodation is
initiated by the disabled employee you
must contact HR, do not try to resolve
the issue without HR involvement.

23. Family and Medical Leave
<Insert Company Name Here> is subject to the Family and
Medical Leave Act which requires offering 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.

24. Employee Leave BenefitsEmployee Leave Benefits
To be eligible for Family and Medical Leave,
an employee must have worked at least
1,250 hours for <Insert Company Name Here> in the
last 12 months.

25. 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.”

26. Family and Medical Leave
&
Military Duty Status “Qualifying Exigencies”
Eligible employees with a spouse, son, daughter, or parent
on active duty or call to active Military duty status in support
of a contingency operation may use their 12-week leave
entitlement to address certain qualifying exigencies.
The DOL defines qualifying exigencies to include the following
8 situations: (1) short-notice deployment, (2) military events and
related activities, (3) childcare and school activities, (4) financial
and legal arrangements, (5) counseling, (6) rest and
recuperation, (7) post-deployment activities, and (8) additional
activities to address other events which arise out of the covered
military member’s active duty or call to active duty status

27. FMLA
“Military Caregiver Leave”
The regulations permit spouse, son, daughter, or parent to
take military caregiver leave for a serious injury or illness”
of a “covered service member”.
Additionally the covered service member may specifically
designate in writing another blood relative as his or her
nearest blood relative for purposes of military caregiver
leave under the FMLA.
Eligible employees may take up to 26 weeks of leave to
care for a covered service member during a single 12-
month period.

28. Employee Leave BenefitsEmployee Leave Benefits
Employees are guaranteed a return to
the same or similar job at the same or
similar pay under the same or similar
working conditions following a Family
and Medical Leave.

29. 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.
1. The cumulative length service that causes a person’s
absences from a position may not exceed five years.
2. 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 intermittently report for
active duty.
3. This leave is non-paid time.

30. Military Leave BenefitsBenefits
Employees are guaranteed a return to the job the person would
have held had the person remained continuously employed.
1. The position may not necessarily be the same job the person
previously held. For instance, if the person would have been promoted
with reasonable certainty had the person not been absent, the person
would be entitled to that promotion upon reinstatement. On the other
hand, the position could be at a lower level than the one previously
held, it could be a different job, or it could conceivably be in layoff
status.
2. It is also required that each returning service member actually step
back onto the seniority escalator at the point the person would have
occupied if the person had remained continuously employed.
Human Resource will explain to each impacted employee the amount of time
that employee will have to return to the job once released from active duty.
These periods vary depending on how long the employee has been gone.

31. SummarySummary
If you have a question or concern, you
are encouraged to contact the HR
Department
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