Cch Basic Employment Law Manual for Managers and Supervisors PDF

• Take seriously employees' complaints about harassment, misconduct, wages, hours, job conditions, injuries, and organization practices that may harm the public or violate the law. • Don’t retaliate against an applicant or employee because he or she has opposed an unlawful employment practice, forma...

• Take seriously employees' complaints about harassment, misconduct, wages, hours, job conditions, injuries, and organization practices that may harm the public or violate the law. • Don’t retaliate against an applicant or employee because he or she has opposed an unlawful employment practice, formally or informally, or because the employee or applicant participated in some way in an investigation, proceeding, or hearing about the unlawful employment practice. Be a good manager The principles covered in this book are not just useful in avoiding lawsuits; they also serve as basic steps to good human resources management. People management in general, including disciplinary action, should be viewed as the process of building a work force of productive persons. Use the information in this book first, to be a good manager or supervisor and second, to keep your company out of legal trouble. November 2012 5 Overview of Employment Laws FEDERAL LAWS Key federal employment laws that managers and supervisors should know about include the following: Title VII of the Civil Rights Act of 1964 (Title VII). Title VII prohibits discrimination on the basis of race, color, religion, sex, or national origin. Age Discrimination in Employment Act of 1967 (ADEA). The ADEA bans discrimination on the basis of age against persons who are 40 or older. Americans with Disabilities Act of 1990 (ADA) (as amended by the ADA Amendments Act of 2008). The ADA forbids discrimination against qualified individuals with disabilities; the law also requires that reasonable accommodations be made to the known physical or mental limitations of qualified applicants or employees. The ADA Amendments Act significantly broadened the scope of individuals covered under the ADA by expanding the understanding of who is a person with disability. The amendments shifted the focus away from whether an individual is covered under the ADA toward employer compliance with the law. Equal Pay Act of 1963 (EPA). Paying workers of one sex at a rate different from that paid to the other sex violates the EPA when jobs involve equal skill, effort, and responsibility and are performed under similar working conditions in the same establishment. Immigration Reform and Control Act of 1986 (IRCA). IRCA prohibits discrimination on the basis of citizenship against persons who have a legal right to work in this country. (To comply with IRCA, all US employers must verify the employment eligibility and identity of all employees hired to work in the US after November 6, 1986, by completing the Form I-9, Employment Eligibility Verification for all employees, including US citizens. Employers who hire or continue to employ individuals knowing that they are not authorized to be employed in the US may face civil and criminal penalties. Human Resources departments usually handle this task.) Family and Medical Leave Act of 1993 (FMLA). The FMLA guarantees covered employees up to 12 weeks of job-protected, unpaid leave each year for any one or more of the following reasons: • the birth, adoption or foster care of a child • the serious health condition of a child, spouse, or parent • the employee's own serious illness or pregnancy The FMLA also extends the maximum leave to 26 weeks for the spouse, child, parent or "next of kin" of injured military personnel to care for service members injured in the line of duty while on duty. Eligible employees are also entitled to up to 12 weeks unpaid leave due to a "qualifying exigency" arising from the fact that a spouse, child or parent is on active duty or has been notified of an impending call or return to duty. 11