Legal Literacy for Supervisors
Best Practices for Mitigating Risk
Legal Literacy for Supervisors 2
Education’s Own Insurance Company.
Road Map
Overview of employment laws
Tips on how to handle employment
situations
6/13/2012
Legal Literacy for Supervisors 3
Education’s Own Insurance Company.
6/13/2012
Discrimination Breach of Contract Wrongful Termination Whistle-blower & Other Defamation0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
79%
8% 7%4%
2%
54%
19%
6%
17%
4%
Reported Claims and Dollars Paid
% of reported claims % of total dollars paid by UE and members
Legal Literacy for Supervisors 4
Education’s Own Insurance Company.
6/13/2012
Race Gender Age Disability Retaliation National Origin Other0%
5%
10%
15%
20%
25%
30%
35%
30%
22%
16%
13%
7%
4%
7%
20%
26%
13%
15%
9%
5%
12%
Reported Discrimination Claims and Dollars Paid
% of reported claims % of dollars paid by UE and members
Legal Literacy for Supervisors 5
Education’s Own Insurance Company.
True or False?
Individuals that are not the direct target of
harassing behavior have no basis for
complaint.
6/13/2012
Legal Literacy for Supervisors 6
Education’s Own Insurance Company.
6/13/2012
Individuals that are not the direct target of
harassing behavior have no basis for
complaint.Fals
e
Legal Literacy for Supervisors 7
Education’s Own Insurance Company.
Harassment and Discrimination Sex
Age
Race
Color
Religion
Disability
National Origin
Veteran Status
Genetic Information
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Legal Literacy for Supervisors 8
Education’s Own Insurance Company.
Supervisors should be
educated on how to prevent
and remedy all forms of
unlawful harassment and
discrimination
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Harassment and Discrimination
Legal Literacy for Supervisors 9
Education’s Own Insurance Company.
True or False?
The Americans with Disabilities Act (ADA)
mandates the hiring of individuals with
disabilities.
6/13/2012
Legal Literacy for Supervisors 10
Education’s Own Insurance Company.
True or False?
The Americans with Disabilities Act (ADA)
mandates the hiring of individuals with
disabilities.
6/13/2012
False
Legal Literacy for Supervisors 11
Education’s Own Insurance Company.
Americans with Disabilities Act (ADA)
Requires employers to
provide “reasonable
accommodations”
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Legal Literacy for Supervisors 12
Education’s Own Insurance Company.
Americans with Disabilities Act (ADA)
6/13/2012
Wait until
accommodations are
requested
Do not state employee is
disabled unless a formal
determination is made
Legal Literacy for Supervisors 13
Education’s Own Insurance Company.
True or False?An employee requests time off to care for a parent
who has been diagnosed with cancer and requires
extensive treatment. However, the employee cannot
provide certification from the treating physician as to
the scope and duration of the treatment. It is within
your rights as an employer to deny this request for
FMLA leave.
6/13/2012
Legal Literacy for Supervisors 14
Education’s Own Insurance Company.
True or False?An employee requests time off to care for a parent
who has been diagnosed with cancer and requires
extensive treatment. However, the employee cannot
provide certification from the treating physician as to
the scope and duration of the treatment. It is within
your rights as an employer to deny this request for
FMLA leave.
6/13/2012
True
Legal Literacy for Supervisors 15
Education’s Own Insurance Company.
Family Medical Leave Act (FMLA)
6/13/2012
12 weeks unpaid leave
Eligible after 12 months
employment
Do not need to take all 12 weeks at
one time
District of Columbia – FMLA-
eligible for 16 weeks total within a
24 month period.
Legal Literacy for Supervisors 16
Education’s Own Insurance Company.
Family Medical Leave Act (FMLA)
Human Resources is a
valuable ally when an
employee could be eligible
for or misusing FMLA
leave.
6/13/2012
Legal Literacy for Supervisors 17
Education’s Own Insurance Company.
True or False?The head cashier of your bookstore informs you that she
just joined a new religion, and can no longer work Friday
afternoon due to her need to attend services. Fridays from
3:00 to 5:00 is the cash closeout for the bookstore, during
which she must be present as part of her job requirements.
The only other person that can complete this task is the
Assistant Controller, who steps in for illnesses and
vacations, but cannot fill in every Friday afternoon. It is
within your rights to deny this request. 6/13/2012
Legal Literacy for Supervisors 18
Education’s Own Insurance Company.
True or False?The head cashier of your bookstore informs you that she
just joined a new religion, and can no longer work Friday
afternoon due to her need to attend services. Fridays from
3:00 to 5:00 is the cash closeout for the bookstore, during
which she must be present as part of her job requirements.
The only other person that can complete this task is the
Assistant Controller, who steps in for illnesses and
vacations, but cannot fill in every Friday afternoon. It is
within your rights to deny this request. 6/13/2012
True
Legal Literacy for Supervisors 19
Education’s Own Insurance Company.
Must accommodate
employees with
sincerely held religious
beliefs that conflict with
work responsibilities
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Religious Accommodations
Legal Literacy for Supervisors 20
Education’s Own Insurance Company.
Religious Accommodations
Most common issues:
Holy Days
Religious Dress
6/13/2012
Legal Literacy for Supervisors 21
Education’s Own Insurance Company.
True or False?
A report of harassment that is made only after
transfer, demotion or termination is false
because it is made for revenge and can be
considered retaliation.
6/13/2012
Legal Literacy for Supervisors 22
Education’s Own Insurance Company.
True or False?
A report of harassment that is made only after
transfer, demotion or termination is false
because it is made for revenge and can be
considered retaliation.
6/13/2012
False
Legal Literacy for Supervisors 23
Education’s Own Insurance Company.
Retaliation against an
employee engaged in
protected activity is
prohibited
6/13/2012
Retaliation
Legal Literacy for Supervisors 24
Education’s Own Insurance Company.
Retaliation
Act rationally when
confronted by an
accusatory employee
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Legal Literacy for Supervisors 25
Education’s Own Insurance Company.
True or False?
Based on the desire to build a diversified
workforce, it is necessary to diversify your
staff by hiring individuals underrepresented
at your institution.
6/13/2012
Legal Literacy for Supervisors 26
Education’s Own Insurance Company.
True or False?
Based on the desire to build a diversified
workforce, it is necessary to diversify your
staff by hiring individuals underrepresented
at your institution.
6/13/2012
False
Legal Literacy for Supervisors 27
Education’s Own Insurance Company.
Hiring
Focus on applicant’s
qualifications
6/13/2012
Legal Literacy for Supervisors 28
Education’s Own Insurance Company.
Hiring
Provide guidelines to
supervisors on the
hiring process
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Legal Literacy for Supervisors 29
Education’s Own Insurance Company.
True or False?
Since most states follow an “employment-at-
will” doctrine, it is within the institution’s legal
rights to terminate an older employee for no
just cause and fill the opening with a younger
individual.
6/13/2012
Legal Literacy for Supervisors 30
Education’s Own Insurance Company.
True or False?
Since most states follow an “employment-at-
will” doctrine, it is within the institution’s legal
rights to terminate an older employee for no
just cause and fill the opening with a younger
individual.
6/13/2012
False
Legal Literacy for Supervisors 31
Education’s Own Insurance Company.
Termination of Employees
Many lawsuits arise
out of terminations
Numerous exceptions
have eroded the
doctrine of at-will
employment
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Legal Literacy for Supervisors 32
Education’s Own Insurance Company.
Termination of Employees
Supervisors should know
state and federal laws
Supervisors must speak
with human resources if
they believe someone
should be terminated.
6/13/2012
Legal Literacy for Supervisors 33
Education’s Own Insurance Company.
Essential Supervisory Practices
Use HR as a resource
Conduct accurate performance evaluations
Document employee performance problems
Use progressive discipline
Watch what you say (and type)
Be familiar with employment laws
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Legal Literacy for Supervisors 34
Education’s Own Insurance Company.
6/13/2012
Education’s Own Insurance Company.
All information provided is of a general nature and is not intended to address the circumstances of any particular individual or entity.
No one should act upon this information without appropriate professional advice after a thorough examination of the facts of the particular situation.
Copyright © 2010 by United Educators Insurance, a Reciprocal Risk Retention Group. All rights reserved. Contents of this document are for members of United Educators only. Permission to post this document electronically or to reprint must be obtained from United Educators.
Kim NimmoSenior Risk Management Consultant
Two Wisconsin Circle, Fourth FloorChevy Chase, MD [email protected]
Sarah BraughlerClaims Counsel
Two Wisconsin Circle, Fourth FloorChevy Chase, MD [email protected]