Title: Essentials of Employment Law for the Nurse Manager
1Essentials of Employment Law for the Nurse Manager
- Presented by Eve Logsdon, JD, SPHR
- Legacy Health System
2Laws that Govern Employment
USERRA
HIPAA
National Labor Relations Act
COBRA
Pregnancy Disability Act
Americans with Disabilities Act
Federal Unemployment Tax Act
Occupational Safety Health Act
Title VII of the Civil Rights Act of 1964
Equal Pay Act
Age Discrimination in Employment Act
Fair Labor Standards Act
Immigration Reform Control Act
WARN Act
Family and Medical Leave Act
Civil Rights Act of 1991
ERISA
3Examples of Protected Classes
- Race
- Sex
- National Origin
- Color
- Religion
- Disability
- Age
- Veteran Status
- Union Activity
- Workers Comp Claim
- Leaves of Absence
- Legislative Activity
- Military Service
- and more
4What creates a Protected Class?
- Federal
- Title VII Civil Rights Act of 1964
- Race
- National Origin
- Color
- Sex (includes pregnancy)
- Religion
- Retaliation
- Association with member of a protected class
- Oregon
- ORS
- Race
- Color
- National Origin
- Sex (includes pregnancy)
- Religion
- Retaliation
- Association with a member of a protected class
5- Federal
- USERRA
- For employees serving in the military
- ADEA
- Age 40 and older
- Americans with Disabilities Act (ADA) ADA
Amendments Act of 2008 (ADAAA) - Family and Medical Leave Act (FMLA)
- Whistleblower
- Oregon
- Leave to Serve in State-Organized Militia
- Age
- 18 and older (OR)
- Physical or Mental Disability
- Oregon Family Leave Act
- Whistleblower RNs specifically protected
6Avoid Assumptions
- Dont make business decisions based on
assumptions or stereotypes - Pregnancy or number of children
- Prior illness or leave of absence
- Current illness / health issue
- Gender
- Age
- Size
- Weight
7Appropriate Decision-Making
- Do make business decisions based on
- Performance
- Experience
- Skills
8Harassment in the Workplace
- What is Harassment?
- What is a Hostile Work Environment?
9Examples of Harassment based on race, religion,
age, sex, national origin, etc.
- Cartoons, pictures, posters that depict a group
in a derogatory way - Hostile, intimidating words or conduct jokes,
slurs - Exclusion of an individual from fully
participating in work place activities.
10Sexual Harassment
- Unwelcome sexual advances, requests for sexual
favors, or other verbal or physical conduct of a
sexual nature when - It is a condition of employment
- It is a basis for employment decisions
- It creates a hostile or offensive work environment
11Disability and Religion special
requirements
- Employers are required to engage in an
interactive dialogue with an employee who
requests accommodation related to - Disability (ADA
- ADAAA)
- Religion (Title VII)
12The Americans with Disabilities Act Amendment Act
(ADAAA)
- Expanded the Definition of Disability
- Disregard Mitigating Measures
- Include Conditions in Remission
- Expanded substantially limits
- Restricted regarded as
13The Interactive Process - Disability
- To qualify for accommodation under the ADA, the
employee must be a qualified individual with a
disability
14Reasonable Accommodation
- A modification or adjustment that enables a
person with a disability to perform the essential
functions of a position.
When does accommodation become unreasonable?
When it would cause the employer undue hardship.
15Are alcoholism or drug addiction considered
disabilities?
- Alcoholism is considered a disability under
state and federal law, however - Current use of illegal drugs is not considered a
disability. - Company policy may prohibit employees from
- Consuming or having alcohol or illegal drugs on
company premises - Coming to work impaired by alcohol or illegal
drugs
16What to do?
- Unless informed otherwise, assume that all
employees are perfectly healthy. - To avoid the risk of regarding the employee as
having a disability. - When an employee says they have an impairment,
assume that the impairment qualifies as a
disability under the ADAAA. - Contact your Human Resources Department.
- Meet with the employee to get details about the
situation and the accommodation the employee is
seeking. - Make all reasonable attempts to accommodate the
employees impairment.
17The Interactive Process - Religion
- Title VII of the Civil Rights Act of 1964
requires reasonable accommodation of an
employees sincerely held belief, unless it would
cause undue hardship (De Minimis standard).
18What is a sincerely held belief?
- A belief that is religious in nature and
sincerely held. - Does NOT have to be a traditional or recognized
religion.
What does De Minimis mean?
- So small or minimal in difference that it does
not matter or the law does not take it into
consideration - Consider
- Business necessity and financial cost
- How many employees can do that job? Is the job
special or unique? - What are the effects of accommodation on other
employees and union contract agreements
19The Interactive Process Dos Donts (ADA
Religion)
- Do
- Contact Human Resources
- Allow the employee to tell you what they want
- Tell the employee that you will look into it and
get back to them.
- Dont
- Ask disability or religion-related questions at
job interview - Keep medical info in employee personnel file
- Provide ongoing informal accommodation
- Diagnose
- Disregard
- Panic
20Wage Hour Laws
- Federal Fair Labor and Standards Act (FLSA) and
State Laws - Major provisions include
- Minimum Wage
- Overtime
- Child Labor
- Record keeping
- Oregon Breaks Meal Periods
21Overtime
- The law states that, any time employees are
suffered or permitted to work, they must be paid. - Therefore, any time worked, even unauthorized
overtime, must be paid. - Employees cannot be allowed to work off the
clock.
22Preparatory Clean Up Activity
- Time spent preparing equipment or changing into a
required uniform that cannot be worn to work, is
paid time. - Time spend cleaning up after work is also paid
time. - You can require that the time be reasonable
23Meals Breaks
- Paid, uninterrupted break away from workstation
of not less that 10 minutes (Many allow for 15)
for every segment of four hours (or major part of
4 hours) worked. - Unpaid, uninterrupted meal periods of not less
than 30 minutes to employees who work shifts of 6
or more hours.
24Questions?
- Eve Logsdon
- elogsdon_at_lhs.org