Legal Literacy for Supervisors
Risk Research Bulletin, January 2008
Introduction
The Goal of Legal Literacy –
•
Overview of employment laws that generate the
most UE claims
•
Understand how to handle basic legal situations
•
Recognize when to get help from HR or legal
counsel
Discrimination
•
Unlawful discrimination – treating one person
differently from another because of a legally
protected characteristic
•
Federal laws prohibit discrimination based on
race, sex, age, disability, religion, color, and
national origin
•
Many state laws go further
Harassment
•
Harassment is unlawful and can be based on
any legally protected characteristic
•
Sexual harassment most common
– Quid pro quo
– Hostile environment
•
Supervisors must prevent and remedy all forms
of unlawful harassment
Harassment
•
•
If supervisor witnesses harassment -- must take
immediate action to prevent recurrence and
discipline harasser
If supervisor receives harassment complaint –
must ensure situation is investigated and
handled properly
Americans with
Disabilities Act (ADA)
•
Must provide “reasonable accommodations” to
disabled employees who are “otherwise qualified”
•
Supervisors should not offer accommodations
unless employees request them
•
Supervisors should not state or write that an
employee is disabled unless the institution has
formally determined that the person is disabled
Family and Medical
Leave Act (FMLA)
•
•
Allows up to 12 weeks of unpaid leave in a 12month period for following reasons:
–
birth and care of employee’s newborn child
–
placement of adopted or foster child with employee
–
care of an immediate family member with serious health
condition
–
employee’s serious health condition that makes him unable to
work
Supervisors should notify HR when employee
could be eligible for or misusing FMLA leave
Religious Accommodation
•
Must accommodate employees with sincerely
held religious beliefs that conflict with work
responsibilities unless accommodation would
result in undue hardship
•
Most common issue – workers whose religion
prohibits them from working on their Sabbath
•
Another common issue – employees whose
religious dress or personal appearance conflicts
with employer’s dress code
Retaliation
•
Retaliation against employee engaged in
protected activity is prohibited
•
Examples of protected activity:
–
–
–
–
•
Complaining of discrimination or harassment
Serving as witness on behalf of someone alleging
harassment
Taking FMLA leave
Reporting financial fraud, research misconduct, or other legal
violations
Retaliation can occur even if underlying
complaint is not proved
Hiring
•
Supervisor must focus on applicant’s
qualifications; usually can’t consider legally
protected characteristics
•
Affirmative action is a special hiring challenge
–
Legal to broaden applicant pool by encouraging applications
from underrepresented groups
–
Actual hiring decision should be based on applicant’s
qualifications unless closely supervised by legal counsel
Termination of Employees
•
Most lawsuits arise out of terminations
•
Employment-at-will doctrine – can fire employee
at any time for any reason
•
Numerous exceptions have eroded the doctrine
•
Supervisors must know state laws and involve
HR before terminating an employee
Essential Supervisory Practices
1. Use HR as a resource.
2. Document employee performance problems.
3. Conduct accurate performance evaluations.
4. Use progressive discipline.
5. Watch what you say.
For UE Members
•
For a copy of “Legal Literacy for Supervisors,”
Risk Research Bulletin, January 2008, go to
www.ue.org.
•
For risk management technical advice and
assistance, email [email protected].