Human Resources Management

Human Resources Management Federal Legislation Affecting Employment

Civil Rights Act of 1964 • “prohibits discrimination on the basis of race, color, religion, sex, pregnancy, or natural origin”

Civil Rights Act of 1991 • a) easier to sue • b) smaller business feel pressure to keep more detailed records etc. • c) shifts legal burden to the employer • d) employers have to prove that discriminatory practices are “job-related for the positions in question and consistent with business necessity”

Sexual Harassment • Form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 • “unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature” (The U.S. Equal Employment Opportunity Commission, 2002)

Sexual Harassment • “this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individuals work performance or creates and intimidating, hostile or offensive work environment” (The U.S. Equal Employment Opportunity Commission, 2002)

Two Types of Sexual Harrassment • 1) quid pro quo: the more classic type and the one that most employers are not going to be able to protect themselves against if it comes from a supervisor….there is no defense from that • 2) hostile work environment: has become more prevalent in the past 10 years (Scott Gilligan, AFD, 12/04)

Liability • quid pro quo: if the supervisor, manager or owner is engaged in it, they are going to be liable • The owner is going to be liable if a manager is harassing a low-level worker, even if the owner doesn’t know about it • If the worker brings a claim against the owner, the owner will be responsible if there was proof that there was a demand made for sexual favors, and an adverse employment action was taken (Scott Gilligan, AFD, 12/04)

Liability (cont’d) • Hostile Work Environment: the owner can’t be responsible unless they know about it….however they have to put a mechanism in place to allow an employee to complain about it • This underscores the importance of having a written sexual harassment policy….if an employee doesn’t take advantage of that, then they have no claim against the company. (Scott Gilligan, AFD, 12/04)

“A written sexual harassment policy is the first line of defense.” (Scott Gilligan, AFD, 12/04)

Victim’s Responsibilities • Directly inform the harasser. • Use any employer complaint mechanism or grievance system available.

Investigation of Allegations • EEOC looks at the whole record: • 1) the circumstances (nature of the sexual advances) • 2) the context in which the alleged incidents occurred

Suggestions for Employers • Prevention is the best tool to eliminate sexual harassment in the workplace. • 1) stated and written policy • 2) procedures for reporting, documenting, and following up on complaints • 3) clearly state investigations will be confidential • Clearly communicate that sexual harassment will not be tolerated

Employer’s Suggestions (cont’d) • 5) train managers and staff • 6) take employee comments seriously • 7) document and report findings • 8) consult an attorney before acting on your findings

Employee Functions • Gear the function toward something that will not increase the temptation. • Invite spouses and significant others to the event. • Limit alcohol.

Age Discrimination in Employment Act of 1967 • “requires employer to treat applicants and employees equally regardless of age” Equal Pay Act of 1963 • “ prohibits sex discrimination in the payment of wages” • “outlaws discrimination in pay against those who are over forty years old”

Equal Employment Opportunity Act of 1987 • “the absence of employment discrimination based on race, color, religion, sex, or natural origin” Vietnam Era VeteransReadjustment Act of 1974 • “outlaws discrimination in employment against Vietnam Era veterans”

Immigration Reform Act/Immigration Law of 1986 • “requires employers to check job applicants’ papers to be sure they are either U.S. citizens or aliens authorized to work in the United States” • Form I-9

Occupational Safety and Health Act of 1970 (OSHA) • “a governmental agency with the responsibility for regulatory and enforcement of safety and health matters for most United States employees; an individual state OSHA agency may supersede the U.S. Department of Labor OSHA regulations”

Americans with Disabilities Act of 1990 • employment provisions • funeral homes are defined as public accommodations • buildings built or occupied after January 1993 must comply • readily achievable/undue hardship test • Intended to be self-enforcing

ADA Priorities • access from public sidewalks, parking etc. • access to areas where goods and services are available to the public • ample aisle space • assistive listening devices • remove obstructions • restroom facilities • carpet pile • drinking fountains, public phones • raised markings (Braille) on signs • accessible door hardware

Fair Labor Standards Act(Wage and Hour Law) • Revised August 23, 2004 • “outlaws discriminatory practices in pay; requires employers to pay a minimum wage to employees, and to pay a minimum of one and one-half times the regular rate for any hours beyond forty worked in a week” • Covers: minimum wage, equal pay, overtime pay, record keeping, child labor standards

Threshold Test for Eligible Employees • 1) must earn over $455/week - this test does not apply to outside salespeople • 2) must fit into an exemption as described by the U.S. Department of Labor to qualify for a salary basis compensation payment

Areas of Exemptions • Executive • Administrative • Professional • Highly Compensated • Outside Sales Person The new rule does not exempt pay for manual laborers. Those who were exempt before are still exempt.

DOL Statement on Qualifications for FD Professional Exemption • “only licensed FDs and embalmers who are licensed by and working in a state that requires the successful completion of 4 academic years of pre-professional study, including graduation from a college of mortuary science accredited by ABFSE qualify……the mortuary school education must be a 60 hour or two-year curriculum”

Independent contractor Recordkeeping Overtime Pay

Evaluation Termination Personnel Manual

Human Resources Management