Domain 6 | Administration Flashcards
ADA (American with Disabilities Act) | When did it come into effect? | Who was affected? | What does the law say?
The ADA is the most significant federal civil rights legislation affecting private employers since the Civil Rights Act of 1964. The act became fully effective inJuly 1994 for employers of 15 or more employees. The law prohibits discrimination based on disability.
ADA and Pre-employment Medical Inquiries | What’s allowed? | When is it allowed? | What questions can be asked?
Only drug testing is permitted during the application and prescreening process; the ADA forbids preemployment inquiries and exams. However, a medical exam may be required once and offer has been made. An employer must impose the same requirements on all employees in that particular category. Interviewing questions must only be about job-related concerns.
ADA Prohibitions
The ADA prohibits discrimination against a qualified individual with a disability who can perform the essential functions of the job, with or without reasonable accommodation.
Reasonable Accommodations vs Undue Hardship (ADA)
Reasonable accommodation: all covered employees must make reasonable accommodations that would not impose undue hardship on the organization. Accommodation must ensure that the essential functions of the job can be accomplished.
Undue hardship: if a “reasonable accommodation” imposes significant difficulty or expense, it might be deemed an “undue hardship”. Factors include the size of the association or business, the nature and cost of the accommodation, and the type of operations.
What is included in “reasonable accommodations”?
- Making facilities accessible and usable
- Restructuring and modifying jobs
- Acquiring or modifying equipment
- Providing qualified readers and interpreters
Antitrust Compliance | What is it? | What does a good program demonstrate?
Associations are particularly susceptible to antitrust allegations. National associations must maintain and should promote antitrust compliance programs, including written guidelines issued to all staff members and association leaders. Chapters must also receive and implement this compliance information.
A compliance program proactively creates an environment that demonstrates the association has taken all reasonable means to prevent antitrust behavior and conversations, and provides a defense in court where the burden of proof is on the defendant/association to prove innocence.
Clayton Act
Prohibits specific distribution and growth activities that may substantially restrain trade (i.e., tying arrangements, exclusive dealing and requirements contracts, proce discrimination, mergers and acquisitions, and joint ventures.)
The Robinson-Patman Act, Section 2(a)
Prohibits discriminatory pricing between different purchasers of commodities of like grade and quality. Competitors must not be able to use the association as a shield.
The Federal Trade Commission Act
Established the FTC, giving it responsibility for the prevention of “unfair methods of competition in or affecting commerce.”
Sherman Act
Prohibits restrain of trade, monopolies, and other anticompetitive activity.
Antitrust potential violations
_Suggesting profit levels _Price setting _Advertising prohibitions _Prohibiting competitive bidding _Requiring uniform terms _Suggesting the use of specific raw materials _Encouraging boycotting
What are the five elements of a contract?
- Mutual consent (an offer is made and accepted)
- Competent parties (persons signing have the legal authority to commit their respective organizations legally.)
- Consideration (the price to be paid)
- Mutuality (a mutual obligation on the part of both parties)
- Enforceable (must be in writing)
What is co-employment?
Professional employer organizations (PEOs) create a co-employment arrangement under which staff are employees of both the association and the PEO.
What are the advantages of co-employment?
- Better benefits to staff. A PEO is able to give a small staff access to less expensive health insurance and generally better benefits of various kinds.
- Training resources
- PEO maintains employee information, employee manuals and files worker’s compensation.
- PEO will not tell employee who to terminate, just how to do it.
Compressed vs Flextime
Compressed Time: employers allow employees to work for four 10-hour days and have one day off, or work nine days for 80 hours in a two-week period with an extra day off every two weeks. Other variations are possible.
Flextime: this practice allows employees to vary their schedules within limits established by the association. Usually, employers ask staff to set a definite schedule but allow occasional changes.
Disabled Person | What are considered impairments?
An individual qualifies under ADA when he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Impairments include but are not limited to speech, hearing, sight and mental impairments; HIV; cancer; diabetes; missing limb; and recovery from substance abuse.
EAP or Employee Assistance Plan
An employee benefit program often found in unionized organizations. An EAP coordinates alternative treatment for substance abuse rehabilitation and recovery as well as other treatment for mental health issues, generally when the benefit is self-insured.
EEO or Equal Opportunity Employment
A voluntary status for employers that allows the use of the EOE designation if they abide by certain employment regulations, including compliance with a written policy of nondiscrimination, promotion, equal access for all employees as well as posting the rights of employees.
Exempt vs Non-Exempt
Employees with jobs governed under the Fair Labor Standards Act are either exempt or nonexempt. Who is exempt is determined by the Department of Labor, not by the employer. Paying exempt employees on a salary basis means that the employee is paid the same, predetermined amount for each week that work is performed. Nonexempt employees can be paid a salary or an hourly wage, but must be paid overtime for any hours they work over 40 per week.
