Legal Issues Flashcards
Protected Classes
It is illegal to discriminate in employment decisions (hiring, benefits, management, training, discipline, and discharge) based on any of the following characteristics: - race - color - religion - national origin - sex (as in gender) - pregnancy - age - disability - genetic predisposition some state & local laws also protect on the basis of marital status, sexual orientation, gender identity, arrest and conviction records
Employment At Will Doctrine
Per the Employee Manual:
“Employees of The Salvation Army are considered employees at will. This means that the employment arrangement between the employee and The Salvation Army may be terminated by the employee or by The Salvation Army at any time with or without cause. No Salvation Army representative may change the at will employment relationship through oral or written promises.”
Initial Employment Period vs Probationary Period
Regular vs Permanent
ADA - purpose
prohibits discrimination based on disabilities
enforced by the EEOC
FLMA - purpose
provided job protection during absences and allows employee to maintain health benefits
enforced by the DOL
Worker’s Compensation - purpose
provide for payment of compensation and rehabilitation for workplace injuries and minimize employer liability
enforced by state workers’ compensation commissions
ADA - employee eligibility
an employee (or applicant) who is disabled as defined by the ADA, is qualified for the position and can perform the essential functions of the position with or without a reasonable accommodation
FLMA - employee eligibility
an employee who has worked at least 12 months AND 1250 hours prior to the start of the leave
Worker’s Compensation - employee eligibility
an employee who has an injury arising out of or in the course of employment
ADA - length of leave
no specific limit for the amount of leave that could be provided as a reasonable accommodation if it does not create an undue hardship on the employer
FLMA - length of leave
12 weeks in the 12 month period as defined by the employer. SA policy is a “rolling 12 month period”
Worker’s Compensation - length of leave
no specific limit for the amount of leave an injured worker may have
Worker’s Compensation - length of leave
no specific limit for the amount of leave an injured worker may have
The 6 FLMA circumstances
- birth of son/daughter & to care for newborn child
- placement w/ employee of son/daughter for adoption/foster care
- care of spouse/son/daughter/parent w/ serious health condition
- serious health condition of employee that makes him/her unable to work
- qualifying exigency for family members of National Guard & Reserves when covered military member is on active duty or called to active duty in support of a contingency operation
- care of spouse/son/daughter/parent/next-of-kin covered service member w/ serious illness/injury incurred in line of duty on active duty
FLMA - practical suggestions for managing leave
supervisors must notify hr:
- whenever employee is absent for 3 consecutive days
- employee injured at work
- supervisor receives notice that employee might be out for FLMA-qualifying reason
- employee’s absence could be related to known disability
HR to determine whether employee is covered under FLMA & initiate appropriate forms
FLMA - practical suggestions for managing leave
supervisors must notify hr:
- whenever employee is absent for 3 consecutive days
- employee injured at work
- supervisor receives notice that employee might be out for FLMA-qualifying reason
- employee’s absence could be related to known disability
HR to determine whether employee is covered under FLMA & initiate appropriate forms
