To enable supervisors to look at every facet of their jobs with a “law and policy” mindset, guided by the values and vision of the University of Michigan and UMHS.
Through lecture, discussion and activities, participants will be able to:
•
•
Increase knowledge of employment laws that you may encounter.
Identify your responsibilities regarding these laws.
I. Quiz
II.
III.
IV.
V.
Standard Practice Guide
FMLA
Discrimination
Sexual Harassment
Cafe VI.
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The Standard Practice Guide (SPG) contains the policies that have been adopted by the
University of Michigan to establish fair and consistent standards. There are policies specific to human resources that often reflect the legal responsibility of the University. Some of the policies go beyond what the law requires, such as the Overtime Policy or Rest Periods. Under certain conditions, University policies may be modified for individual circumstances, however laws may not be. It is important to know the difference.
You can find the SPG online at http://spg.umich.edu
Key SPG’s:
 Sick Time Pay

PTO

Funeral Time
 Holidays

Leaves of Absence
 Rest Periods
 Lunch Periods

Probationary Period
 Tuition Support

Appointment of Relatives

Grievance/Dispute Resolution
 Temporary Employment

Conflict of Interest
 Reduction in Force

Discrimination and Harassment

Sexual Harassment
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The Federal Family and Medical Leave Act (FMLA), signed into law on February 5, 1993, requires employers to give employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons, or for any “qualifying exigency” arising out of the fact that a covered military member is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation. The FMLA also allows eligible employees to take up to 26 workweeks of job-protected leave in a “single 12-month period” to care for a covered service member with a serious injury or illness.
To be eligible for FMLA benefits, an employee must:
 work for a covered employer;
 have worked for the employer for a total of 12 months;
 have worked at least 1,250 hours over the previous 12 months; and
 work at a location in the United States or in any territory or possession of the United
States where at least 50 employees are employed by the employer within 75 miles.
The FMLA contains the following key provisions:
 employers are required to maintain health care coverage during the leave:
 on completion of the leave, the employees are entitled to return to the same job or to an equivalent job;
 the employee must give 30 days’ notice when the need for the leave is foreseeable; and
 employers can exempt the highest paid ten percent of the work force.
What are FMLA qualifying events:
 Birth of a child/care of a newborn (within one year of birth),
 Place of a child with the staff member for adoption or foster care (within one year of placement),

Your own serious health condition or that of a qualified family member,

Absences due to Military Family Leave as defined by Family Medical Leave Act regulations.
Serious Health Conditions:

Inpatient care in a hospital, hospice or residential medical care facility, or
 Continuing treatment by a health care provider including one of the following:
– a period of incapacity of more than three consecutive, full calendar days, and any subsequent treatment or related period of incapacity relating to the same condition;
– any period of incapacity due to pregnancy or for prenatal care;
– any period of incapacity or treatment due to a chronic serious health condition;
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– a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective; or
– any period of absence due to multiple treatments (including any period of recovery from the treatments) for restorative surgery after an accident or other injury, or a condition that would likely result in a period of incapacity of more than three consecutive, full calendar days in the absence of medical intervention or treatment.
A serious health condition means an illness, injury, impairment, or physical or mental condition.
Some examples include:
• Surgery requiring you to be out of work for more than three days.
• Incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g. Alzheimer’s disease, stroke, terminal diseases, etc.).
• Absences to receive multiple treatments for a condition that will likely result in incapacity of more than three consecutive days if left untreated (e.g. chemotherapy, physical therapy, dialysis, etc.).
• Incapacity that is due to permanent or long-term chronic condition (e.g. asthma, diabetes, epilepsy, etc.).
What is the University’s definition of a Family Member:
• Spouse: Husband or wife as recognized in the State of Michigan
• Other qualified adult: Shares a primary residence with the staff member and has done so for the previous six months, other than as an employee or tenant.
• Child, sibling, parent, or grandparent of the staff member, the staff member’s spouse or other qualified adult.
• Other related individual whose care is the responsibility of the staff member, the staff member’s spouse, or other qualified adult.
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Federal Legislation
Federal Legislation Case Law
Union Contracts
Local/Municipal Law Gov’t Agency Regulations
& Guidelines
Company Policy & Practice

Age Discrimination Act (ADEA) of 1967

Americans With Disabilities Act

Michigan Persons With Disabilities Act of 1976

Civil Rights Act of 1964 – Title VII o Sexual Harassment

Elliot-Larsen Civil Rights Act of Michigan

Equal Pay Act of 1963
 Lillie Ledbetter Fair Pay Act of 2009
 Executive Order 11246 – Affirmative Action
 Pregnancy Discrimination Act of 1978
 Veterans Employment Opportunity Act (VEOA)
 Vietnam Era Veterans Readjustment Assistance Act
 Uniformed Services Employment & Reemployment Rights Act
 Uniform Guidelines on Employee Selection Procedures

Immigration Reform and Control Act
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 Fair Labor Standards Act (FLSA) of 1938 o Overtime o Hours worked o Minimum wage
 Unemployment Compensation (1935)
 Worker’s Compensation
 Drug Free Workplace Act of 1988

Family and Medical Leave Act of 1993 (FMLA)

Occupational Safety and Health Act of 1970 (OSHA)

Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)

Health Insurance Portability and Accountability Act of 1996 (HIPAA)
 Whistleblowers’ Protection Act
 Public Employment Relations Act (PELRA)
 Work Adjustment and Retraining Notification Act (WARN)
 Bullard-Plawecki: Employee Right to Know Act
 Freedom of Information Act
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ADEA prohibits employers from discriminating on the basis of age against individuals over 40 years with respect to the terms and conditions of employment. The Act mandates that an employer reach employment decisions without regard to age, but it does not place an affirmative action duty on an employer to accord special treatment to member of protected age groups.
The ADA took effect July 26, 1992. The Act prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment. An employer is required to make an accommodation to the known disability of a qualified applicant or employee if the employee is able to perform the essential functions of a job and it would not impose an “undue hardship” on the operation of the employer’s business.
Formally known as the Michigan Handicapper Civil Rights Act. Prohibits employer discrimination against persons with disabilities in regards to: recruitment, hiring, retention, and promotion. Also requires reasonable accommodations for persons who are otherwise qualified to perform the job.
Prohibits discrimination in employment on the basis of race, color, religion, sex or national origin. Title VII focuses on preventing and correcting discrimination. The prohibition of sex discrimination in employment prohibits sexual harassment. It also prohibits covered employer from retaliating against persons who file charges, testify, assist or participate in any manner in an investigation or proceeding under Title VII.
Prohibits employer discrimination when hiring, firing or promoting, because of race, color, religion, national origin, age, sex (including pregnancy), height, weight, or marital status. The
Act only applies to employees or applicants for employment. Independent contractors are not protected by the Act.
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The Law in Action: Civil Rights
Case
Griggs V. Duke Power
(1971)
McDonnell Douglass
Corp. V. Green (1973)
Albemarle Paper V.
Moody (1975)
Highlights

Diploma required for new coal handlers

Supreme Court found that requirement was not directly job-related

Finding that “discrimination” need not be overt or intentional

Green laid off as mechanic

Participated in labor and Civil rights

 protests
Denied when applied for rehire
Supreme court found that if employees make a prima facie case for discrimination, employers must justify their actions

Albemarle required tests that were poor predictors of job success

Supreme Court ruled that tests must be job-related to be valid
Implications
Disparate Impact

Disparate Treatment

Burden of proof
Test Validation (for promotion or selection)
The Equal Pay Act prohibits discrimination between employees on the basis of sex by paying lower wages to employee in one sex category. Equal work should result in equal pay except where such payment is made pursuant to:
A seniority system
A merit system
A system which measures earning by quantity or quality of production
A differential based on any other factor other than sex
Amends the Civil Rights Act of 1964 stating that the 180-day statute of limitations for filing an equal-pay lawsuit regarding pay discrimination resets with each new discriminatory paycheck.
- Affirmative Action
Executive Order 11246 prohibits discrimination and requires affirmative action to employ minorities and women if the employer is a government contractor. The requirement of affirmative action means you may need to increase your applicant pool to ensure sufficiently qualified minority applicants. Equal Employment Opportunity broadly defined means that all
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Property of University of Michigan Health System Human Resources March, 2015

persons, regardless of their race, color, religion, sex, handicap, age, ancestry, or national origin shall have equal access to employment opportunities limited only by their ability to do the job and that they are treated equally respecting all other terms and conditions of employment.
The Law in Action: Sexual Harassment
Case
Meritor Savings Bank V.
Vinson (1986)
Harris V. Forklift
Systems (1993)
Faragher V. City of Boca
Raton (1998)
Oncale V. Sundowner
Offshore Service, Inc.
(1998)
Highlights

Vinson sued for sexual harassment citing coerced relationship with V.P.

Supreme Court held that harassment need not be economic or tangible
Harris’ suit claimed “abusive work environment”

City had a sexual harassment policy

Female lifeguards complained of harassment by supervisors

Court found city responsible

Oncale, heterosexual male, claimed harassment from his coworkers and supervisor.

Supreme Court ruled in his favor
Implications

Hostile work environment

“Know or should have known” standard
Reasonable person standard
Vicarious liability of supervisors
Same-gender harassment is actionable under Title VII
More on Sexual Harassment

Defined by Federal and state law and UM policy

Behavior consisting of unwelcome sexual advances, requests for sexual favors, other verbal or physical conduct of a sexual nature
 Two types of sexual harassment
Quid Pro Quo (literally “this for that”)
 SPG 201.89
OR Hostile Environment
 Explicitly outlines UM’s definition of sexual harassment
 Includes academic and other educational and employment rewards or reprisals
 Includes both intentional and unintentional harassment
 Addresses issues of actual and perceived power

Includes harassment between males and females and harassment between people of the same gender
Examples of Sexual Harassment
Sexual jokes, innuendoes & gestures
Unsolicited and unwelcome flirtations, advances, etc.
Graphic or degrading comments
Leering
Whistling or cat calls
Unwelcome terms of endearment
Massages
Displays of sexually suggestive or explicit objects
Offering of unwanted gifts
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Sexually explicit or intrusive questions
Transmission of suggestive material
Explicit descriptions of sexual experiences
Pressure for sex
Unwanted touching, kissing
Amends Title VII and prohibits discrimination on the basis of pregnancy, childbirth or related medical conditions. These actions also constitute unlawful sex discrimination under Title VII. It also stipulates that employee affected by pregnancy or related conditions must be treated in the same manner as other applicant or employees with similar abilities or limitations. Of special note, employers cannot refuse to hire women because of pregnancy-related conditions providing that they are able to perform the major functions of a job.
The Law in Action: Pregnancy Discrimination
Case
UAW V. Johnson
Controls, Inc. (1990)
Highlights

Johnson Controls prohibited women capable of child-bearing to hold lead exposure positions

One plaintiff was sterilized in an effort to keep her job

Supreme Court ruled that welfare of future children must be left to parents

Implications
Pregnancy discrimination actionable under Title VII
Eligible veterans can apply to positions under an agency’s Merit Staffing Program. Veterans’ preference does not apply to Merit Staffing.
The VEVRAA act requires that employers with Federal contracts or subcontracts of $25,000 or more provide equal opportunity and affirmative action for Vietnam era veterans, special disabled veterans, and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. Employers are prohibited from discrimination in all employment practices including: hiring, promotions, training, pay and for other purposes.
USERRA prohibits discrimination against persons because of their service in the Armed Forces
Reserve, the National Guard, or other uniformed services. Employers are prohibited from denying any benefit of employment on the basis of an individual’s membership, application for membership, performance of service, application for service or obligation for service in the uniformed services. USERRA also protects the rights of veterans, reservists, National Guard members, and certain other members of the uniformed services to reclaim their civilian employment after being absent due to military service or training. It requires employers to continue benefits and counting credited service for retirement plan purposes.
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Series of regulations adopted by EEOC and other federal agencies. Provides methods for avoiding disparate impact. Provides methods for validating employee selection criteria.
Employers are required to verify both the identity and employment eligibility of all regular, temporary, casual, and student employees hired after November 6, 1986, and complete and retain a one-page form (INS Form I-9) documenting this verification. Failure to comply with these requirements may result in both civil and criminal liability with the imposition of substantial fines ranging from $100 to $1,000 per hire, as well as possible imprisonment for a pattern or practice of noncompliance. Most importantly, failure to verify a new employee’s identity and employment eligibility will result in the termination of employment for that employee. This act also prohibits discrimination on the basis of national origin or citizenship.
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The FLSA prescribes minimum wage and overtime pay standards as well as record-keeping and child labor standards for most private employment, including work conducted in the home
(homework). This Act is administered by the Wage and Hour Division of DOL’s Employment
Standards Administration (ESA).
The minimum wage and overtime pay provisions of the FLSA require the following from employers of covered employees who aren’t otherwise exempt:
·
Employers must pay covered employees a minimum wage. Employers may pay employees on a piece-rate basis and, under some circumstances, may consider tips of employees as part of their wages.
·
Youth under 20 years of age must be paid at not less than a set minimum wage during the first 90 calendar days of employment with an employer. Employers may not displace any employee to hire someone at the youth minimum wage.
·
Although the Act does not place a limit on the total hours which may be worked by an employee who is at least 16 years old, it does require that covered employees, unless otherwise exempt, be paid not less than one and one-half times their regular rates of pay for all hours worked in excess of 40 in a workweek. (Under certain circumstances, hospitals may calculate overtime for direct patient care givers when work hours exceed 8 hours in a day, or 80 hours over a two week period.)
·
In addition, the FLSA generally prohibits the performance of certain types of work in an employee’s home unless the employer has obtained prior certification from the
Department of Labor. As noted above, child labor provisions (non-agriculture) of the FLSA include restrictions of hours of work and occupations for youths under 16.
Some employees are exempt from the overtime pay provisions, some from both the minimum wage and overtime pay provisions and some from the child labor provisions of the Fair Labor
Standards Act (FLSA). The ultimate burden of supporting the actual application of an exemption rests on the employer. Exemptions are typically applied on an individual workweek basis. Employees performing exempt and non-exempt duties in the same workweek are normally not exempt in that workweek.
For the FLSA exemptions to apply, an employee generally must be paid on a salary basis of no less than $455 per week and perform certain types of work that:
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Property of University of Michigan Health System Human Resources March, 2015






 is directly related to the management of his or her employer's business (Executive), or is directly related to the general business operations of his or her employer or the employer's clients (Administrative), or requires specialized academic training for entry into a professional field (Professional), or is in the computer field (Computer), or is making sales away from his or her employer's place of business (Outside Sales), or is in a recognized field of artistic or creative endeavor (Professional).
Unemployment insurance provides workers, whose jobs have been terminated through no fault of their own, monetary payments for a given period of time or until they find a new job.
Unemployment payments (compensation) are intended to provide an unemployed worker time to find a new job equivalent to the one lost without financial distress. Without employment compensation many workers would be forced to take jobs for which they were overqualified or end up on welfare. Unemployment compensation is also justified in for sustaining consumer spending during periods of economic adjustment.
In the United States, unemployment insurance is based on a dual program of federal and state statutes. The program was established by the federal Social Security Act in 1935. Much of the federal program is implemented through the Federal Unemployment Tax Act. Each state administers a separate unemployment insurance program, which must be approved by the
Secretary of Labor, based on federal standards.
Michigan unemployment benefits provide temporary compensation to those workers meeting the eligibility requirements of Michigan law. The Michigan Consumer and Industry Services and each other state’s unemployment office administer its own unemployment insurance program within Federal guidelines.
The value of unemployment benefits in Michigan differs from that of other states because each state unemployment office applies its own formulas and limits when calculating the level of unemployment compensation. The duration of unemployment benefits in Michigan may also differ from that of other states.
The basic requirements for collecting Michigan unemployment are:
·
You must have been employed. The Michigan Consumer and Industry Services publish requirements for wages earned or time worked during an established period of time referred to as a “base period.” Unemployment compensation may apply to temporary and regular staff.
·
You must be determined to be unemployed through no fault of your own as defined under
Michigan law. Persons involved in “serious misconduct” may be deemed ineligible for unemployment benefits.
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·
You must file ongoing claims and respond to questions concerning your continued eligibility.
You must report any earnings from work and any job offers or refusal of work during any claim period.
·
Meet any other unemployment eligibility requirements of Michigan law.
Michigan Unemployment Compensation State law provides that an employee may be disqualified from receiving benefits if he or she was discharged for intoxication while at work, refusing to submit to a drug test, or testing positive on a drug test. Mich. Comp. Laws Ann. §
421.29 (1996).
Workers’ compensation is the system Michigan uses to provide wage replacement, medical, and rehabilitation benefits to individuals who are injured while at work.
Nearly all employers in Michigan are covered by workers’ compensation. This includes both public and private employers. In fact, when talking about workers’ compensation, it is easier to discuss the exceptions. Certain very small employers are exempt. If a private employer has three or more employees at any one time, or employs one or more workers for 35 or more hours per week for 13 or more weeks, the employer is subject to the Workers’ Disability
Compensation Act. (Section 115)
In regards to independent contractors, if one company hires another company to come in and do some work for it, the second company is ordinarily an “independent contractor” and not an employee of the first company. Sometimes, however, a company hires one person to come in and perform a specific job and disputes arise as to whether or not that person is an employee or an independent contractor. Section 161(1)(b) of the Act states that if the worker does not maintain a separate business, does not hold himself or herself out to and render service to the public, and does not employ other workers, the worker will be considered an employee.
Of course, to be compensable the injury must happen at work (which may include a designated work space within an individual’s home, for persons who telecommute). Workers’ compensation is designed to cover only injuries which “arise out of and in the course of the employment.” In the majority of cases it is obvious whether an injury happened at work. There are, however, many times when this becomes questionable.
In most cases of work-related injuries, the most desirable result is a return to work. Indeed in the vast majority of cases the worker gets better and goes back to work and that is the end of the case. Even if the worker is not completely recovered, it is to the advantage of both the employer and the worker for the worker to return to a job that he or she can perform. Worker’s
Compensation claims at the University of Michigan are handled through Work~Connections, information can be viewed at the following website: http://www.umich.edu/~connect
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The Drug Free Workplace Act was enacted by Congress during 1988 (P.L. 100-690, Title V,
Subtitle D) as part of omnibus anti-drug legislation. The act requires federal grantees and contractors of $100,000 or more to certify that they maintain a drug-free workplace. Grantees must establish a written policy that informs employees that the unlawful possession, distribution or manufacturing of a controlled substance in the workplace is prohibited.
The Federal Family and Medical Leave Act (FMLA), signed into law on February 5, 1993, requires employers to give employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons, or for any “qualifying exigency” arising out of the fact that a covered military member is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation. The FMLA also allows eligible employees to take up to 26 workweeks of job-protected leave in a “single 12-month period” to care for a covered service member with a serious injury or illness.
To be eligible for FMLA benefits, an employee must:
 work for a covered employer;
 have worked for the employer for a total of 12 months;
 have worked at least 1,250 hours over the previous 12 months; and
 work at a location in the United States or in any territory or possession of the United
States where at least 50 employees are employed by the employer within 75 miles.
The FMLA contains the following key provisions:
 employers are required to maintain health care coverage during the leave:
 on completion of the leave, the employees are entitled to return to the same job or to an equivalent job;
 the employee must give 30 days’ notice when the need for the leave is foreseeable; and
 employers can exempt the highest paid ten percent of the work force.
The Act assigns OSHA two regulatory functions: setting standards and conducting inspections to ensure that employers are providing safe and healthful workplaces. OSHA standards may require that employers adopt certain practices, means, methods, or processes reasonably necessary and appropriate to protect workers on the job. Employers must become familiar with
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the standards applicable to their establishments and eliminate hazards. Federal OSHA
Standards include:
Access to medical and exposure records: This regulation provides a right of access to employees, their designated representatives, and OSHA to relevant medical records, including records related to that employee’s exposure to toxic substances.
Personal protective equipment: This standard, which is defined separately for each segment of industry except agriculture, requires employers to provide employees with personal equipment designed to protect them against certain hazards and to ensure that employees have been effectively trained on the use of the equipment. This equipment can range from protective helmets to prevent head injuries in construction and cargo handling work, to eye protection, hearing protection, hard-toed shoes, special goggles for welders, and gauntlets for iron workers.
Hazard communication: This standard requires manufacturers and importers of hazardous materials to conduct hazard evaluations of the products they manufacture or import. If a product is found to be hazardous under the terms of the standard, the manufacturer or importer must so indicate on containers of the material, and the first shipment of the material to a new customer must include a material safety data sheet
(MSDS). Employers must use these MSDSs to train their employees to recognize and avoid the hazards presented by the materials.
The Michigan Occupational Safety and Health Act (MIOSHA) was amended in 1986 to include requirements for the communication of information regarding the safe handling of hazardous chemicals present in Michigan workplaces. These amendments were called the Michigan Right
To Know Law. The amendments also enabled the adoption of the federal Occupational Safety and Health Administration’s (OSHA’s) Hazard Communication Standard (29 CFR 1910.1200), which was designed to make information available to employees exposed to hazardous chemicals in their workplaces.
COBRA requires employers to provide covered employees and family members, the opportunity for a temporary extension of health insurance benefits when the coverage is lost due to certain
“qualifying events.” The employee or family member must pay the cost of continuing the insurance coverage, which cannot exceed 102% of the combined employer- and employee-paid premiums. Qualifying events include: employee’s loss of employment (for reasons other than gross misconduct), reduction in hours of employment, divorce, or a child ceasing to be a dependent under the health plan.
Title I of HIPAA protects health insurance coverage for workers and their families when they change or lose their jobs. Title II of HIPAA, known as the Administrative Simplification (AS) provisions, requires the establishment of national standards for electronic health care transactions and national identifiers for providers, health insurance plans, and employers. The
Administration Simplification provisions also address the security and privacy of health data.
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Property of University of Michigan Health System Human Resources March, 2015

The standards are meant to improve the efficiency and effectiveness of the nation's health care system by encouraging the widespread use of electronic data interchange in the U.S. health care system. Within HHS, the Office for Civil Rights (OCR) has responsibility for enforcing the
Privacy and Security Rules with voluntary compliance activities and civil money penalties.
Whistleblower laws make it illegal for employers to retaliate in any way, against employees who:

Report employers' violations of whistleblower laws to the proper authorities

Refuse to engage in activities made unlawful by whistleblower laws

Participate in legal proceedings under whistleblower laws
Retaliation provisions typically include protection from discharge and harassment, and allow victims to file lawsuits for damages. Not every law with employer retaliation protection provisions has the word whistleblower in its title. Many have such provisions regardless of their titles. An example is the Sarbanes-Oxley Act of 2002 (SOX), a landmark whistleblower law that provides unprecedented protections for corporate whistleblowers. Collectively, the laws with such provisions are generally called whistleblower laws, whistleblower protection laws or
whistleblowing laws. Whistleblower laws are established by acts of congress and state legislatures, and enforced by regulations. Discrimination and many other employment and labor laws have protection provisions that prohibit employer retaliation for reporting violations of the laws, even though they aren't whistleblower laws per se.
Prohibits strikes by certain public employees. Provides for the mediation of grievances and the holding of elections. Requires certain provisions of collective bargaining agreements.
Requires 60 day notice prior to any plant closing or major layoff. 500 or more employees (or 50 or more employees when 50 constitutes 1/3 of full-time workforce).
The Bullard-Plawecki Employee Right-to-Know Act provides Michigan workers access to their own personnel records. Under this law, any employee or former employee hired by any employer with four or more employees in either the private or public sector has the right to request a review of his or her personnel file. An employee who wishes to review his or her file must make a written request which describes the personnel file to the employer. This request should include as many identifying factors as possible in order to facilitate the employer’s retrieval of the record. An employer may charge a fee for providing a copy of all or part of the
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information contained in the personnel file, but the fee shall be limited to the employer’s actual cost of duplicating the information.
Mandates full or partial disclosure of governmental records under certain circumstances.
Exemptions include medical/patient records, investigatory records, trade secrets and national security.
The Law in Action: Labor/Employee Relations
Case
Electromation, Inc. V.
NLRB (1992)
Highlights

Company formed action committees due
E.I. Dupont & Company
V. NLRB (1992)
McKennon V. Nashville
Banner Publishing Co.
(1995) to employee dissatisfaction

Committees addressed terms and conditions of employment

Company had several employee involvement committees

McKennon was terminated and claimed age discrimination

After termination, Banner found that she had taken private documents
Implications
Illegal, company sponsored labor organization
Illegal use of employee representation
After-acquired evidence does not eliminate liability for employers
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Property of University of Michigan Health System Human Resources March, 2015

The Standard Practice Guide (SPG) contains the policies that have been adopted by the
University of Michigan to establish fair and consistent standards. There are policies specific to human resources that often reflect the legal responsibility of the University. Some of the policies go beyond what the law requires, such as the Overtime Policy or Rest Periods. Under certain conditions, University policies may be modified for individual circumstances, however laws may not be. It is important to know the difference.
You can find the SPG online at http://spg.umich.edu
Key SPG’s:
 Sick Time Pay

PTO

Funeral Time
 Holidays

Leaves of Absence
 Rest Periods
 Lunch Periods

Probationary Period
 Tuition Support

Appointment of Relatives

Grievance/Dispute Resolution
 Temporary Employment

Conflict of Interest
 Reduction in Force

Discrimination and Harassment

Sexual Harassment
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