Reducing the Risks of
Employment Lawsuits
Laws …. Laws …. Laws ….
Federal Civil Rights
Federal Wage and Hour
Federal Employment
State Employment
Federal
Civil Rights
Laws
Title VII of the Civil Rights Act of 1964
Prohibits discrimination in
employment based on race, sex,
color, religion, or national origin.
Two types of discrimination cases:
1. Disparate Treatment Cases
2. Disparate Impact Cases
Age
Discrimination in Employment Act
 Prohibits discrimination in employment
based on age
 Protected class consists of people 40
years and older
Pregnancy
Discrimination Act of 1978
Employers cannot discriminate in employment
based on pregnancy related conditions
Cannot refuse to hire applicants because they
are pregnant
Cannot fire employees because they become
pregnant
Employers must treat pregnancy as any other
illness or disability
Same reemployment rights as other
employees that go on leaves of absence for
other disabilities or illnesses
FMLA
Family and Medical Leave Act
Employers are required to provide
eligible employees with up to 12
weeks of unpaid leave per year for:
birth, adoption or placement of a child or
care for the same
 “serious health condition” for spouse,
parents or children.
FMLA
Covered employee
12 month period
Can take PTO and EDL during
Must complete form to request
Tracking “absences”
Define “serious health condition”
Americans with Disabilities Act
Employers may not discriminate against a
qualified individual with a disability in
recruitment, advertising, job applicant
procedures, hiring, upgrading, promoting,
seniority, demotion, transfer, layoff,
termination, return from layoff, rehiring, pay,
job assignments, leaves of absence, sick
leave, selection for training, etc.
ADA
Who is considered disabled?
What does the law provide?
Employer may not discriminate
Employers must make reasonable
accommodations as long as it
does not cause an undue hardship
What you can/cannot ask
Federal
Wage & Hour
Laws
Fair Labor Standards Act
Minimum Wage Provisions
Overtime Provisions
Exceptions – “Exempt” Employees
Executive
Administrative
Learned Professional
Creative Professional
Computer Professional
Outside Sales
Highly Compensated Employee
Equal Pay Act
Prohibits paying lower wages to
employees of one sex than are paid to
employees of another sex for “equal work”
Four factors taken into consideration:
1. Skill
2. Effort
3. Responsibility
4. Similar working conditions
Common Wage & Hour FAQs
Can employees be required to work
overtime?
Can you require lunch/rest breaks?
Does the law require them?
How should time cards be handled?
Common overtime mistakes:
 Allowing non-exempt employees to begin or end
work before or after their assigned hours
 Allowing non-exempt employees to work through
their lunch breaks
 Allowing non-exempt employees to take work
home
 Counting PTO as work time
 Docking salaried exempt employees for partial
day absences
Employee or Independent
Contractor?
Factors to consider:
Behavioral control
Financial control
Definition of Relationship
Other Federal Employment Laws
 Immigration Reform and Control Act
 Fair Credit Reporting Act
 FACTA
 USERRA
 Jury System Improvement Act
 National Labor Relations Act
 Polygraph Protection Act
 WARN
 Drug Free Workplace Act of 1989
 COBRA
 HIPAA
CRITICAL Legal Issues Facing
Management
Employment-At-Will
Wrongful Discharge
Harassment
Document
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Document Document
Recruiting and Hiring
The Hiring Process
Legally Recruiting Quality Candidates
Legal Problems in Interviewing
Rejecting Unsuitable Applicants
Reference Checking
Pre-Employment Testing
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Managing Employees Legally
 Establishing Job Standards
 Job Descriptions
 Job Assignments and the Law
 Dealing with Performance Problems
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Performance Reviews
When performance reviews cause
legal problems
How to reduce vulnerability
Biggest DANGER – not being honest
with the employee
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Dress Codes
What we can require/prohibit
What can cause problems
Regarding Employee…
…Right to Privacy
…Searches
…Telephone Calls
…Cell-phone Policies
…E-mail
…Internet use
Disciplinary Procedures and the Law
Two conditions necessary to be effective:
Tell them WHAT you expect
Tell them WHY you expect it
Discipline Procedure
1.
2.
3.
4.
5.
Friendly Warning
Verbal Warning
1st Written Warning
2nd Written Warning (if applicable)
Termination (if applicable)
Document
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Legally Terminating Employees
Resignation or discharge?
The truth about firing:
– Firing poor performers raises morale
– Don’t feel bad
Checklist For Lawful Terminations
 Was there a written rule or regulation?
 Was the employee informed of it?
 Was the rule administered fairly and
consistently?
 Do you have adequate written
documentation?
 Have you thoroughly investigated the facts?
 Has the employee been presented with an
opportunity to present their side of the story?
Ask Yourself
Is it fair?
Would it seem fair to a judge?
Unemployment Claims
What is the impact on the agency?
Who is eligible?
What is the process?
If you have done it right, you are
now VERY happy!
Questions?
Mary A. Flores
VP of HR for BBBSNT
Wk. 817.277.1148 ext. 242
Cell 214.288.3678
mflores@bbbsnt.org