Legal Literacy for Supervisors Best Practices for Mitigating Risk

Legal Literacy for Supervisors

Best Practices for Mitigating Risk

Legal Literacy for Supervisors 2

Education’s Own Insurance Company.

Road Map

Overview of employment laws

Tips on how to handle employment

situations

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Discrimination Breach of Contract Wrongful Termination Whistle-blower & Other Defamation0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

79%

8% 7%4%

2%

54%

19%

6%

17%

4%

Reported Claims and Dollars Paid

% of reported claims % of total dollars paid by UE and members



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Race Gender Age Disability Retaliation National Origin Other0%

5%

10%

15%

20%

25%

30%

35%

30%

22%

16%

13%

7%

4%

7%

20%

26%

13%

15%

9%

5%

12%

Reported Discrimination Claims and Dollars Paid

% of reported claims % of dollars paid by UE and members



True or False?

Individuals that are not the direct target of

harassing behavior have no basis for

complaint.

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Individuals that are not the direct target of

harassing behavior have no basis for

complaint.Fals

e



Harassment and Discrimination Sex

Age

Race

Color

Religion

Disability

National Origin

Veteran Status

Genetic Information

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Supervisors should be

educated on how to prevent

and remedy all forms of

unlawful harassment and

discrimination

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Harassment and Discrimination



True or False?

The Americans with Disabilities Act (ADA)

mandates the hiring of individuals with

disabilities.

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True or False?

The Americans with Disabilities Act (ADA)

mandates the hiring of individuals with

disabilities.

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False



Americans with Disabilities Act (ADA)

Requires employers to

provide “reasonable

accommodations”

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Americans with Disabilities Act (ADA)

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Wait until

accommodations are

requested

Do not state employee is

disabled unless a formal

determination is made



True or False?An employee requests time off to care for a parent

who has been diagnosed with cancer and requires

extensive treatment. However, the employee cannot

provide certification from the treating physician as to

the scope and duration of the treatment. It is within

your rights as an employer to deny this request for

FMLA leave.

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True or False?An employee requests time off to care for a parent

who has been diagnosed with cancer and requires

extensive treatment. However, the employee cannot

provide certification from the treating physician as to

the scope and duration of the treatment. It is within

your rights as an employer to deny this request for

FMLA leave.

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True



Family Medical Leave Act (FMLA)

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12 weeks unpaid leave

Eligible after 12 months

employment

Do not need to take all 12 weeks at

one time

District of Columbia – FMLA-

eligible for 16 weeks total within a

24 month period.



Family Medical Leave Act (FMLA)

Human Resources is a

valuable ally when an

employee could be eligible

for or misusing FMLA

leave.

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True or False?The head cashier of your bookstore informs you that she

just joined a new religion, and can no longer work Friday

afternoon due to her need to attend services. Fridays from

3:00 to 5:00 is the cash closeout for the bookstore, during

which she must be present as part of her job requirements.

The only other person that can complete this task is the

Assistant Controller, who steps in for illnesses and

vacations, but cannot fill in every Friday afternoon. It is

within your rights to deny this request. 6/13/2012



True or False?The head cashier of your bookstore informs you that she

just joined a new religion, and can no longer work Friday

afternoon due to her need to attend services. Fridays from

3:00 to 5:00 is the cash closeout for the bookstore, during

which she must be present as part of her job requirements.

The only other person that can complete this task is the

Assistant Controller, who steps in for illnesses and

vacations, but cannot fill in every Friday afternoon. It is

within your rights to deny this request. 6/13/2012

True



Must accommodate

employees with

sincerely held religious

beliefs that conflict with

work responsibilities

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Religious Accommodations



Religious Accommodations

Most common issues:

Holy Days

Religious Dress

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True or False?

A report of harassment that is made only after

transfer, demotion or termination is false

because it is made for revenge and can be

considered retaliation.

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True or False?

A report of harassment that is made only after

transfer, demotion or termination is false

because it is made for revenge and can be

considered retaliation.

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False



Retaliation against an

employee engaged in

protected activity is

prohibited

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Retaliation



Retaliation

Act rationally when

confronted by an

accusatory employee

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True or False?

Based on the desire to build a diversified

workforce, it is necessary to diversify your

staff by hiring individuals underrepresented

at your institution.

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True or False?

Based on the desire to build a diversified

workforce, it is necessary to diversify your

staff by hiring individuals underrepresented

at your institution.

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False



Hiring

Focus on applicant’s

qualifications

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Hiring

Provide guidelines to

supervisors on the

hiring process

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True or False?

Since most states follow an “employment-at-

will” doctrine, it is within the institution’s legal

rights to terminate an older employee for no

just cause and fill the opening with a younger

individual.

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True or False?

Since most states follow an “employment-at-

will” doctrine, it is within the institution’s legal

rights to terminate an older employee for no

just cause and fill the opening with a younger

individual.

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False



Termination of Employees

Many lawsuits arise

out of terminations

Numerous exceptions

have eroded the

doctrine of at-will

employment

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Termination of Employees

Supervisors should know

state and federal laws

Supervisors must speak

with human resources if

they believe someone

should be terminated.

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Essential Supervisory Practices

Use HR as a resource

Conduct accurate performance evaluations

Document employee performance problems

Use progressive discipline

Watch what you say (and type)

Be familiar with employment laws

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All information provided is of a general nature and is not intended to address the circumstances of any particular individual or entity.

No one should act upon this information without appropriate professional advice after a thorough examination of the facts of the particular situation.

Copyright © 2010 by United Educators Insurance, a Reciprocal Risk Retention Group. All rights reserved. Contents of this document are for members of United Educators only. Permission to post this document electronically or to reprint must be obtained from United Educators.

Kim NimmoSenior Risk Management Consultant

Two Wisconsin Circle, Fourth FloorChevy Chase, MD [email protected]

Sarah BraughlerClaims Counsel

Two Wisconsin Circle, Fourth FloorChevy Chase, MD [email protected]

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Legal Literacy for Supervisors Best Practices for Mitigating Risk