intern anti-discrimination and fair labor standards act training overview hrm 6030 final assignment

Running Head: Intern Anti-Discrimination and FLSA Training Overview

Intern Anti-Discrimination and Fair Labor Standards Act (FLSA) Training Overview

A New Day, Inc.

Ardavan A. Shahroodi

Northeastern University

HRM 6030—Employee Rights and Employee Obligations

Professor Elaine M. Walker

Saturday, June 22, 2013

Intern Anti-Discrimination and FLSA Training Overview

Welcome & Introduction

On behalf of all our associates, we would like to welcome you to our company and wish

you the best of success in pursuing your career goals. In A New Day, Inc., we are fully

committed to engage in our commercial enterprise by enthusiastically adhere to all applicable

laws that regulate our business environment. Anti-Discrimination and Fair Labor Standards Act

(FLSA) policies and practices empower us to achieve one of the primary goals of our company

in being a model corporate citizen. We are grateful for all the opportunities that have facilitated

the success of our company and view anti-discrimination and FLSA compliant organizational

policies and practices as manifestations of our patriotic duty and the love that we hold for our

country.

We also believe that anti-discrimination and FLSA compliant policies and practices

facilitate the creation of high performance and creative organizational environments that will

offer our company a competitive edge in our business sector. Nevertheless, it is most crucial as

you embark on your career in our company that you are continuously cognizant of a most

fundamental understanding that anti-discrimination and FLSA compliant policies and practices

are some of the most essential regulatory parameters that create the legal environments of

business conduct. Consequently, irrespective of a business justification for conduct that is

commensurate with the aforementioned laws, you must always adhere to and similarly advise

others regarding the indispensable necessity of complying with both the spirit and letter of these

regulations.

Experience has shown us that genuine and consistent implementation of anti-

discrimination and FLSA compliance efforts at a minimum will help avoid the potential of costly

litigation and negative publicity. In addition, adherence to these regulations allows us to


continue strengthening our branding efforts in the positive promotion of our company and

products. Furthermore, we are also particularly aware of the fact that strong anti-discriminatory

and FLSA compliant policies and practices are important for our present and future

client/customer base and the markets where our products are consumed or will be consumed in

the future. Most importantly, we believe that our present and future associates are the most

valuable assets of our company. Consequently, an organizational culture that is committed to

anti-discriminatory and FLSA compliant policies and practices insure that our associates’ legal

rights are protected and that they are treated fairly and respectfully.

Background

In preparation for your new position, you were enrolled in the Employee Rights and

Employer Obligations course in Northeastern University. Here, we would like to re-emphasize

four fundamental principles that your professors discussed with you in the above said course:

Sustainability

In the Employer Rights and Employee Obligations course, Professor Elaine Walker

introduced the principle of sustainability as one of the most essential elements influencing the

practice of human resources management (HRM) during Week 1 Lecture Material titled

Overview & Discrimination. Professor Walker described sustainability as conducting business

in a manner by which we are “socially responsible citizens of the world” (3 Competitive

Challenges Influencing HRM Slide). Professor Walker added that such a mind-set also entails

thinking about “how our business will be sustainable for a long period of time” (3 Competitive

Challenges Influencing HRM Slide). As you attempt to be a valuable resource to our line

managers and employees regarding anti-discrimination and FLSA compliance inquiries, we


encourage you to be particularly conscious that your responses enhance the sustainability of our

brand by being socially responsible. In turn, this approach will also strengthen the durability of

our business model.

Responsibility

In Week 2 Lecture Material titled Hiring, Professor Walker brought to your attention that

one of the primary responsibilities of HRM is to protect the employer and to promote litigation

avoidance by engaging in anti-discrimination advocacy (Key Elements of this Chapter Slide).

As Professor Walker has emphasized to you and we paraphrase her comments in this Overview,

your primary fiduciary responsibility to our organization is not to balance “employee needs vs.

employer rights” (Key Elements of this Chapter Slide) or to engage in advocacy on behalf of

individual employees or managers. Your primary responsibility is to inform our associates

regarding the legal environments that regulate our business existence that accordingly protects

the interests of our company.

Respect, Politeness, Patience and Positive Solutions

In the Announcements section of the Blackboard, Professor Walker wrote that HRM’s

responsibility in serving “as the first line of defense in protecting the company” (Week 3

Discussion Board Learnings, Wednesday, June 12, 2013) must also include “balancing feedback

about laws, with feedback and suggestions that contain other forms of solutions” (Ibid). This

important statement will occupy a significant portion of your responsibilities that mandates a

type of behavior that is constantly generating positive and effective solutions/options for our

associates regarding employment matters delivered with the outmost respect, politeness and

patience.


Fairness and Compassion

In the Announcements section of the Blackboard, Professor Perkins highlighted the

importance of “fairness and compassion” (Week 4 Discussion Board—Djuna Perkins, Monday,

June 17, 2013) in the conduct of HRM by engaging in the kind of behavior that is “just the right

thing to do” (Ibid) in order to “prevent the hard feeling” (Ibid) that accompanies unsympathetic

and callous approach to employment matters. You must always remind yourself that your

responses to our associates will have a deep impact on people’s lives and thereby tailor your

temperament and conduct in order that you are regarded by others as fair and compassionate in

the performance of your duties.

Age Discrimination

The Age Discrimination in Employment Act of 1967 (ADEA) outlaws age discrimination

involving persons (job applicants or employees) who “are age 40 or older” (Age Discrimination,

EEOC Web site, n.d.) or “treating someone…less favorable because of their age” (Ibid). ADEA

does not “protect workers under the age of 40” (Age Discrimination, n.d.) nor under the

provisions of the Act is it “illegal for an employer or other covered entity to favor an older

worker over a younger one, even if both workers are age 40 or older” (Ibid). ADEA “forbids

discrimination when it comes to any aspect of employment, including hiring, firing, pay, job

assignments, promotions, layoffs, training, fringe benefits and any other term or condition of

employment” (Age Discrimination & Work Situations, n.d.).

Under ADEA it is also illegal to “harass a person because of his or her age” (Age

Discrimination & Harassment, n.d.) such as “offensive remarks about a person’s age” (Ibid) that

are “so frequent or sever that creates a hostile or offensive work environment or when it results


in an adverse employment decision (such as the person being fired or demoted)” (Ibid). Please

be advised that under ADEA the aforementioned disparate treatment of individuals over the age

of 40 is clearly illegal. However, you must also remember that under ADEA any “employment

policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative

impact on applicants or employees age 40 or older and is not based on a reasonable factor other

than age” (Age Discrimination & Employment Policies/Practices, n.d.). In legal parlance this is

referred to as disparate impact.

Please make absolutely clear to our associates that it is “unlawful to retaliate against an

individual for opposing employment practices that discriminate based on age or for filing an age

discrimination charge, testifying, or participating in any way in an investigation, proceeding, or

litigation under the ADEA” (Facts About Age Discrimination, n.d.). In general, under ADEA, it

is also “unlawful to include age preferences, limitations, or specifications in job notices or

advertisements” (Job Notices and Advertisements, n.d.). Although, a “job notice or

advertisement may specify an age limit only in the rare circumstances where age is shown to be a

bona fide occupational qualification (BFOQ) reasonable necessary to the normal operation of the

business” (Job Notices and Advertisements, n.d.). Please advise our associates that ADEA

related best practices deem it prudent to inquire regarding an applicant’s age or date of birth

“after the employee is hired” (Pre-Employment Inquiries, n.d.).

In relation to benefits, The Older Workers Benefit Protection Act of 1990 (OWBPA)

amended to ADEA made it unlawful for employers to deny “benefits to older employees”

(Benefits, n.d.), however “in limited circumstances” (Ibid) employers “may reduce benefits

based on age, as long as the cost of reduced benefits to older workers is no less than the cost of

providing benefits to younger workers” (Ibid).


Disability Discrimination

Title I of the Americans with Disabilities Act of 1990 (ADA) “prohibits private

employers…from discriminating against qualified individuals with disabilities in job application

procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions,

and privileges of employment” (Facts About the Americans with Disabilities Act, n.d.). A

disabled person is described as one that “has a physical or mental impairment that substantially

limits one or more major life activities…Has a record of such an impairment…Is regarded as

having such an impairment” (Facts about the Americans with Disabilities Act, n.d.). Under

ADA, it is also unlawful “to harass an applicant or employee because [they have] a disability…

had a disability in the past” (Disability Discrimination & Harassment, n.d.) by making “offensive

remarks about a person’s disability” (Ibid) that are “so frequent or sever that it creates a hostile

or offensive work environment or when it results in an adverse employment decision (such as

victim being fired or demoted)” (Ibid).

ADA mandates that employers “provide reasonable accommodation to an employee or

job applicant with a disability, unless doing so would cause significant difficulty or expense for

the employer” (Disability Discrimination & Reasonable Accommodation, n.d.). ADA describes

reasonable accommodations as any “change in the work environment (or in the way things are

usually done) to help a person with a disability apply for a job, perform the duties of a job, or

enjoy the benefits and privileges of employment” (Disability Discrimination & Reasonable

Accommodations, n.d.). ADA does not compel employers to “provide an accommodation if

doing so would cause undue hardship to the employer” (Disability Discrimination & Reasonable

Accommodation & Undue Hardship, n.d.). Here, undue hardship refers to the difficulty and

expense of an accommodation, however an “employer may not refuse to provide an


accommodation just because it involves some cost” (Disability Discrimination & Reasonable

Accommodation & Undue Hardship, n.d.) although an employer “does not have to provide the

exact accommodation the employee or job applicant wants” (Ibid).

ADA “places strict limits on employers when it comes to asking job applicant to answer

medical questions, take a medical exam, or identify a disability” (Disability & Medical Exams

During Employment Application & Interview Stage, N.D.), although employers “may ask job

applicants whether they can perform the job and how they would perform the job, with or

without a reasonable accommodation” (Ibid). Nevertheless, ADA does allow employers to

“condition the job offer on the applicant answering certain medical questions or successfully

passing a medical exam, but only if all new employees in the same type of job have to answer the

questions or take the exam” (Disability & Medical Exams After A Job Offer For Employment,

n.d.).

With respect to current employees, ADA allows employers to inquire regarding medical

conditions or require appropriate medical exams if verification is needed to “support an

employee’s request for an accommodation or if the employee is not able to perform a job

successfully or safely because of a medical condition” (Disability & Medical Exams for Persons

Who Have Started Working As Employees, n.d.). Under ADA all medical records are treated as

confidential and must be kept in separate compartments. Similar to cases of age discrimination,

under ADA, it is unlawful “to retaliate against an individual for opposing employment practices

that discriminate based on disability or for filing a discrimination charge, testifying, or

participating in any way in an investigation, proceeding, or litigation under the ADA” (Facts

About the Americans with Disabilities Act, n.d.).


Equal Pay/Compensation Discrimination

The Equal Pay Act of 1963 (EPA) mandates that “men and women be given equal pay for

equal work in the same establishment…The jobs need not be identical, but they must be

substantially equal…It is job content, not job titles, that determines whether jobs are

substantially equal” (Facts About Equal pay and Compensation Discrimination, n.d.). EPA

requires that employers pay equal wages to “men and women who perform jobs that require

substantially equal skill, effort and responsibility, and that are performed under similar working

conditions within the same establishment” (Facts About Equal Pay and Compensation

Discrimination, n.d.).

Other laws such as Title VII and ADA also act to “prohibit compensation discrimination

on the basis of race, color, religion, sex, national origin, age, or disability” (Facts About Equal

Pay and Compensation Discrimination, n.d.). Examples of these types of pay/compensation

discrimination are employers who pay employees “with a disability less than similarly situated

employees without disabilities” (Facts About Equal Pay and Compensation Discrimination, n.d.)

without a justifiable explanation, employers who compensate “women or African Americans

below that suggested by the employer’s job evaluation study” (Ibid) while paying men or whites

rates that are “consistent with the level suggested by the job evaluation study” (Ibid) or

employers whose neutral compensation practices result in an “adverse impact on employees in a

protected class and cannot be justified as job related and consistent with business necessity”

(Ibid).

You must inform our associates that the laws against compensation discrimination

include “salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life

insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations,


reimbursement for travel expenses and benefits” (Facts About Equal Pay and Compensation

Discrimination, n.d.). Similar to other anti-discrimination laws also it is unlawful to “retaliate

against an individual for opposing employment practices that discriminate based on

compensation” (Facts About Equal Pay And Compensation Discrimination, n.d.) or to retaliate

against them if they are involved in any manner of form in an compensation discrimination

investigation (Ibid).

Genetic Information Discrimination

You must be aware that as a company we do not collect, gather or purchase genetic

information concerning our past, present and future associates or employment applicants. In

addition, our company’s policy and practice is to treat all “inadvertent acquisitions” (Genetic

Information Discrimination, n.d.) of genetic information or other legally acquired material with

extreme confidentiality and entirely excluded from our employment related decision making

processes. Nevertheless, you must also be aware that under Title II of the Genetic Information

Nondiscrimination Act of 2008 (GINA) “discrimination on the basis of genetic information when

it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions,

layoffs, training, fringe benefits, or any other term or condition of employment” (Genetic

Information Discrimination, n.d.) is unlawful. Here, it must be mentioned that “an employer

may never use genetic information to make an employment decision because genetic information

is not relevant to an individual’s current ability to work” (Genetic Information Discrimination,

n.d.).


National Origin Discrimination

Title VII of the Civil Rights Act of 1964 mandates that “it is unlawful to discriminate

against any employees or applicant because of the individual’s national origin…No one can be

denied equal employment opportunity because of birthplace, ancestry, culture, linguistic

characteristics common to a specific ethnic group, or accent” (Facts About National Origin

Discrimination, n.d.). In addition, Title VII also requires that “equal employment opportunity

cannot be denied because of marriage or association with persons of a national origin;

membership or association with persons of a national origin group; membership or association

with specific ethnic promotion groups; attendance or participation in schools, churches, temples

or mosques generally associated with a national origin group; or a surname associated with a

national origin group” (Facts About National Origin Discrimination, n.d.).

You must always keep in mind that Title VII covers all areas of employment “including

hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other

term or condition of employment” (National Origin Discrimination, n.d.). Similar to other anti-

discrimination laws, it is also illegal “to harass a person because of his or her national origin”

(National Origin Discrimination, n.d.) when harassment “is so frequent or sever that it creates a

hostile or offensive work environment or when it results in an adverse employment decision such

as the victim being fired or demoted” (Ibid). Furthermore, under Title VII, employers are not

allowed to utilize general employment practices that have an unfavorable impact (disparate

impact) “on people of a certain national origin and is not job-related or necessary to the operation

of the business” (National Origin Discrimination, n.d.). Please also inform our associates that

“English fluency” (Facts About National Origin Discrimination, n.d.), “English-only rules”


(Ibid) or other linguistic requirements having to do with accents are only permissible “if it is

needed to promote the safe or efficient operation of the employer’s business (Ibid).

Pregnancy Discrimination

The Pregnancy Discrimination Act (PDA) is an amendment to the Title VII of the Civil

Rights Act of 1964 that outlaws discriminatory employment policies and practices “based on

pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job

assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance and

any other term or condition of employment” (Pregnancy Discrimination, n.d.). Accordingly, any

discrimination that is based on “pregnancy, childbirth, or related medical conditions constitutes

unlawful sex discrimination under Title VII” (Pregnancy Discrimination, n.d.) and “pregnant

employees must be permitted to work as long as they are able to perform their jobs” (Ibid)

including holding a “job for a pregnancy related absence the same length of time that jobs are

held open for employees on sick or disability leave” (Ibid).

PDA also provides for pregnancy related medical conditions by mandating that

employers “provide light duty, alternative assignments, disability leave, or unpaid leave to

pregnant employees if it does so for other temporarily disabled employees” (Pregnancy

Discrimination, n.d.) and make “reasonable accommodations …for a disability related to

pregnancy” (Ibid). Similar to other protected classes, under PDA “it is unlawful to harass a

woman because of pregnancy, childbirth or a medical condition related to pregnancy”

(Pregnancy Discrimination, n.d.) when harassment “is so frequent or sever that it creates a

hostile or offensive work environment or when it results in an adverse employment decision”

(Ibid). You must also inform our associates that under Family and Medical Leave Act (FMLA)

of 1993 “a new parent (including foster and adoptive parents) may be eligible for 12 weeks leave


(unpaid, or paid if the employee has earned or accrued it) that may be used for care of the new

child” (Pregnancy Discrimination, n.d.).

Race/Color Discrimination

Under Title VII of the Civil Rights Act of 1964, it is illegal to “discriminate against any

employee or applicant for employment because of race or color in regard to hiring, termination,

promotion, compensation, job training, or any other term, condition or privilege of

employment…Title VII also prohibits employment decisions based on stereotypes and

assumptions about abilities, traits, or the performance of individuals of certain racial groups”

(Facts About Race/Color Discrimination, n.d.). Most importantly, you must continuously remind

our associates that race discrimination is considered one of the most egregious and undesirable

types of conduct in our organization and any manner of harassment large or small is viewed by

extreme disfavor in our culture, nevertheless Title VII regards harassment as illegal when “it is

so frequent or sever that it creates a hostile or offensive work environment or when it results in

an adverse employment decision” (Race/Color Discrimination, n.d.).

You must also be cognizant of the subtleties associated with the application of Title VII

in regards to race/color discrimination. As an example, “even if a job requirement is applied

consistently, if it is not important for job performance or business needs, the requirement may be

found unlawful if it excludes persons of a certain racial group or color significantly more than

others (Facts About Race/Color Discrimination, n.d.). Please be advised that Title VII “also does

not permit racially motivated decisions driven by business concerns-for example, concerns about

the effect on employee relations, or the negative reaction of clients or customers…Nor may race

or color ever be a bona fide occupational qualification” (Facts About Race/Color

Discrimination, n.d.).


Religious Discrimination

Religious orientation is a protected category under Title VII of the Civil Rights Act of

1964 and employment related discrimination “against individuals because of their religion in

hiring, firing, and other terms and conditions” (Facts About Religious Discrimination, n.d.) is

unlawful. Under the provisions of the Act, employers must “reasonably accommodate the

religious practices of an employee or prospective employee, unless to do so would create an

undue hardship upon the employer (Facts About Religious Discrimination, n.d.). Please also be

aware that the aforementioned provisions discussed in earlier sections concerning harassment

and retaliation directed towards other protected categories also applies to matters involving

religious discrimination. However, in the event that accommodating an applicant’s or

employee’s “religious practices…requires more than ordinary administrative costs, diminishes

efficiency in other jobs, infringes on other employees’ job rights or benefits, impairs workplace

safety, causes co-workers to carry the accommodated employee’s share of potentially hazardous

or burdensome work, or if the proposed accommodation conflict with other law” (Facts About

Religious Discrimination, n.d.), the employer may claim “undue hardship” (Ibid) and be relieved

of facilitating such above said accommodation.

Sex-Based Discrimination & Sexual Harassment

Title VII of the Civil Rights Act of 1964 also regards sex as a protected category in

employment matters and any sex oriented discrimination in “any aspect of employment,

including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and

any other term and condition of employment” (Sex-Based Discrimination, n.d.) is unlawful.

Please emphasize to our associates that regulations against harassment and retaliation or other

protections imbedded in Title VII and discussed in earlier sections are also applicable in this


particular category. Please also inform our associates that our organization regards any manner

of sexual harassment with particular disfavor and maintain a zero tolerance policy towards this

type of conduct and behavior. In this light any form of sexual harassment such as unwelcomed

comments that compromise the professional, productive and performance oriented nature of our

organizational culture “will not be tolerated” (Facts About Sexual Harassment, n.d.) and will

result in “immediate and appropriate action when an employee complains” (Ibid).

Fair Labor Standards Act (FLSA)

The following are the general requirements of Fair Labor Standards Act (FLSA)

pertaining to our organization. FLSA is the federal law that “establishes minimum wage,

overtime pay, recordkeeping and child labor standards affecting full-time and part-time workers

in the private sector and in Federal, State and local governments” (Handy Reference Guide to the

Fair Labor Standards Act, n.d.). Many states also maintain their own wage oriented statutes that

may be distinct from federal law; nevertheless, our organization must always err on the side of

the more employee-centered set of regulations. In line with the parameters established by FLSA,

we maintain two distinct wage structures labeled as nonexempt and exempt wage

earners/employees.

In line with the provisions of FLSA, all nonexempt employees “are entitled to a

minimum wage of $7.25 per hour…must be paid overtime pay at a rate of not less than one and

one-half times their regular rates of pay after 40 hours of work in a workweek” (Basic Wage

Standards, n.d.). Nonexempt employees under FLSA are not limited in the amount of hours that

they “may work in any workweek” (aged 16 and older) (Fact Sheet #23: Overtime Pay

Requirements of the FLSA, n.d.). Most importantly, please be advised that “The overtime

requirement may not be waived by agreement between the employer and employees….An


announcement by the employer that no overtime work will be permitted, or that overtime work

will not be paid for unless authorized in advance, also will not impair the employee’s right to

compensation for compensable overtime hours that are worked” (Fact Sheet # 23: Overtime Pay

Requirements of the FLSA, n.d.).

Under FLSA exemptions are provided “from both minimum wage and overtime pay for

employees employed as bona fide executive, administrative, professional and outside sales

employees…certain computer employees…be paid on a salary basis at not less than $455 per

week (Fact Sheet # 17A: Exemptions for Executive, Administrative, Professional, Computer &

Outside sales Employees Under the Fair Labor Standards Act /FLSA, n.d.). Most importantly,

you must inform our associates that “job titles do not determine exempt status…In order for an

exemption to apply, an employee’s specific job duties and salary must meet all the requirements”

(Fact Sheet # 17A, n. d.). As an example, in addition to the minimum salary requirement, for an

executive employee exemption, the individual “must be managing the enterprise…or managing a

…department or subdivision of the enterprise…authority to hire or fire other employees…or…

promotion…of other employees” (Fact Sheet # 17A, n. d.).

In regards to the administrative employee exemption, in addition to the minimum salary

requirement, the individual must perform work “related to the management or general business

operations…the exercise of discretion and independent judgment with respect to matters of

significance” (Fact Sheet # 17A, n.d.). In this light also in regards to the professional employee

exemption, in addition to the minimum salary requirement, the individual must perform work

“requiring advanced knowledge, defined as work which is predominantly intellectual in

character…exercise of discretion and judgment…advanced knowledge in science or learning…

acquired by a prolonged course of specialized intellectual instruction…performance of work


requiring invention, imagination, originality or talent in a recognized field of artistic or creative

endeavor” (Fact Sheet #17A, n.d.).

In relation to the computer employee exemptions, in addition to the minimum salary

requirement, the individual must be employed “as a computer systems analyst, computer

programmer, software engineer or other similarly skilled worker” (Fact Sheet #17A, n.d.). FLSA

requirements mandate that computer employee exemption does not extend to “employees

engaged in the manufacture or repair of computer hardware and related equipment” (Fact Sheet #

17E, n.d.). In the cases of outside sales exemptions, the individual’s “primary duty must be

making sales…or obtaining orders…for which a consideration will be paid by the client or

customer…the employee must be customarily and regularly engaged away from the employer’s

place or places of business” (Fact Sheet #17A, n.d.).

You must inform all supervisors, managers and HR staff that recordkeeping is an essential

aspect of FLSA and “every covered employer must keep certain records for each nonexempt

worker” (Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards

Act/FLSA, n.d.). These records must include the employees’ “name…social security [#]…

address…birth date (if younger than19)…sex/occupation” (Fact Sheet #21, n.d.). The records

must also include all information related to the particular nonexempt employee’s regular or

overtime schedule, wages, deductions, pay rate and the “date of payment and the pay period

covered by the payment” (Fact Sheet #21, n.d.). Our legal obligations, also requires certain legal

and court ordered garnishments (separate from federal/state taxes, social security, etc.) to be

withheld from potential employees’ “disposable earnings” (Fact Sheet #30: The Federal Wage

Garnishment Law, Consumer Credit Protection Act’s Title 3/CCPA, n.d.). The amount of wage

garnishment may not “exceed the lesser of two figures: 25 percent of the employee’s disposable


earnings, or the amount by which an employee’s disposable earnings are greater than 30 times

the federal minimum wage (currently $7.25 an hour). In child support or alimony obligations

owed by an employee “the garnishment law allows up to 50 percent of a worker’s disposable

earnings to be garnished for these purposes if the worker is supporting another spouse or child,

or up to 60 percent if the worker is not…An additional 5 percent may be garnished for support

payments more than 12 weeks in arrears” (Fact Sheet # 30, n.d.).

7 Questions that will shed further light on Anti-Discrimination & FLSA Related

Matters

Question # 1: Define the concept of constructive discharge: Answer: Anti-Discrimination

laws that are enforced by EEOC also cover constructive discharge which means “forcing an

employee to resign by making the work environment so intolerable a reasonable person would

not be able to stay” (Prohibited Employment Policies/Practices, n.d.).

Question # 2: Give an example of a recruitment practice that may be unlawful under Title VII

and other anti-discrimination regulations: Answer: “An employer’s reliance on word-of-mouth

recruitment by its mostly Hispanic work force may violate the law if the result is that almost all

new hires are Hispanic” (Prohibited Employment Policies/Practices, n.d.). Best practice: In

general, job openings must be advertised in widely circulated media outlets that are to be

accessible by diverse audiences or are produced in diverse communities.

Question # 3: Give an example of a job advertisement that may be unlawful under Title VII and

other anti-discrimination regulations: Answer: “A help-wanted ad that seeks females or recent

college graduates may discourage men and people over 40 from applying and may violate the

law” (Prohibited Employment Policies/Practices, n.d.).


Question # 4: Define the concept of a reasonable accommodation: Answer: “A reasonable

accommodation is any change in the workplace (or in the ways things are usually done) to help a

person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and

privileges of employment…ramp for a wheelchair…interpreter for a blind or deaf employee or

applicant” (Prohibited Employment Policies/Practices, n.d.).

Question # 5: Does reasonable accommodation also applies to employees’ religious beliefs and

practices: Answer: “An employer may have to make reasonable adjustments at work that will

allow the employee to practice his or her religion, such as allowing an employee to voluntarily

swap shifts with a co-worker so that he or she can attend religious services” (Prohibited

Employment Policies/Practices, n.d.).

Question # 6: Is an “employee who remains at his/her desk while eating lunch and regularly

answers the telephone and refer callers is working” (Fact Sheet #22: Hours Worked Under the

Fair Labor standards Act/FLSA, n.d.): Answer: In this case the “time must be counted and paid

as compensable hours worked because the employee has not been completely relieved from

duty” (Fact Sheet #22, n.d.).

Question # 7: Are employers that are covered under the FLSA and anti-discrimination/EEO

regulations mandated to display specific U.S. Department of Labor and EEOC approved posters

in their place of employment and what are the Web addresses of samples of these posters:

Answer: Yes, by law, all employers that are covered under the FLSA and

anti-discrimination/EEO regulations must display such posters with the following Web

addresses:

EEOC Poster: http://www.dol.gov/whd/regs/compliance/posters/minwagebw.pdf

http://www.dol.gov/whd/regs/compliance/posters/minwagebw.pdf


FLSA Poster: http://www.dol.gov/whd/regs/compliance/posters/minwagebw.pdf

Important Anti-Discrimination, FLSA and HR Related Web Sites

1---The U.S. Equal Employment Opportunity Web site is an indispensable resource that will help

you understand the different anti-discrimination laws and regulations: Web Address:

http://www.eeoc.gov/

2---The U.S. Department of Labor, Wage and Hour Division Web site will help you gain a

strong foundation in Fair Labor Standards Act (FLSA) and other wage related matters. Web

Address: http://www.dol.gov/whd/

3---The Society for Human Resources Management (SHRM) is an authoritative repository of

services, resources and information in the field of HRM and associated disciplines. The

certification and preparatory educational processes of SHRM are widely accepted as the standard

in the HRM field. Web Address: http://www.shrm.org/

4---The Northeast Human Resources Association (NEHRA) is the local chapter of SHRM in our

area of operations including the state of Massachusetts. NEHRA offers valuable educational

resources and provides an indispensable community for her members. Web Address:

http://www.nehra.org/

5---The FindLaw Web site is a general resource containing information in all matters and

applications of law. You may find information on Employment Law, Immigration Law, Civil

Rights Law, Social Security/Retirement Planning, Arbitration/Mediation and other legal matters

in their web site. Web Address: http://www.findlaw.com

http://www.findlaw.com/

http://www.nehra.org/

http://www.shrm.org/

http://www.dol.gov/whd/

http://www.eeoc.gov/



References

Age Discrimination, Retrieved June 16, 2013, form U.S. Equal Employment Opportunity

Commission Web site: http://www1.eeoc.gov//laws/types/age.cfm

Age Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment Opportunity

Commission Web site: http://www1.eeoc.gov//eeoc/publications/age.cfm

Disability Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment Opportunity

Commission Web site: http://www1.eeoc.gov//laws/types/disability.cfm

Facts About Equal Pay and Compensation Discrimination, Retrieved June 16, 2013, from U.S.

Equal Employment Opportunity Commission Web site:

http://www1.eeoc.gov//eeoc/publications/fs-epa.cfm

Facts About National Origin Discrimination, Retrieved June 16, 2013, from U.S. Equal

Employment Opportunity Commission Web Site:

http://www1.eeoc.gov//eeoc/publications/fs-nator.cfm

Facts About Race/Color Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment

Opportunity Commission Web site: http://www1.eeoc.gov//eeoc/publications/fs-race.cfm

Facts About Religious Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment

Opportunity Commission Web site: http://www1.eeoc.gov//eeoc/publications/fs-

religion.cfm

Facts About Sexual Harassment, Retrieved June 16, 2013, from U.S. Equal Employment

Opportunity Commission Web site: http://www1.eeoc.gov//eeoc/publications/fs-sex.cfm

http://www1.eeoc.gov//eeoc/publications/fs-sex.cfm

http://www1.eeoc.gov//eeoc/publications/fs-religion.cfm

http://www1.eeoc.gov//eeoc/publications/fs-religion.cfm

http://www1.eeoc.gov//eeoc/publications/fs-race.cfm

http://www1.eeoc.gov//eeoc/publications/fs-nator.cfm

http://www1.eeoc.gov//eeoc/publications/fs-epa.cfm

http://www1.eeoc.gov//laws/types/disability.cfm

http://www1.eeoc.gov//eeoc/publications/age.cfm

http://www1.eeoc.gov//laws/types/age.cfm


Facts About the Americans with Disabilities Act, Retrieved June 16, 2013, from U.S. Equal

Employment Opportunity Commission Web site:

http://www1.eeoc.gov//eeoc/publications/fs-ada.cfm

Fact Sheet # 17A: Exemptions for Executive, Administrative, Professional, Computer & Outside

Sales Employees Under the Fair Labor Standards Act (FLSA), Retrieved June 16, 2013,

from U.S. Department of Labor, Wage and Hour Division Web site:

http://www.dol.gov/whd/regs/compliance/fairpay/fs17a_overview.pdf

Fact Sheet #17E: Exemption for Employees in Computer-Related Occupations Under the Fair

Labor Standards Act (FLSA), Retrieved June 16, 2013, from U.S. Department of Labor,

Wage and Hour Division Web site:

http://www.dol.gov/whd/regs/compliance/fairpay/fs17e_computer.pdf

Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA),

Retrieved June 16, 2013, from U.S. Department of Labor, Wage and Hour Division Web

site: http://www.dol.gov/whd/regs/compliance/whdfs21.pdf

Fact Sheet #22: Hours Worked Under the Fair Labor Standards act (FLSA), Retrieved June 16,

2013, from U.S. Department of Labor, Wage and Hour Division Web site:

http://www.dol.gov/whd/regs/compliance/whdfs22.pdf

Fact Sheet #23: Overtime pay Requirements of the FLSA, Retrieved June 16, 2013, from U.S.

Department of Labor, Wage and Hour Division Web site:





http://www.dol.gov/whd/regs/compliance/fairpay/fs17e_computer.pdf

http://www.dol.gov/whd/regs/compliance/fairpay/fs17a_overview.pdf

http://www1.eeoc.gov//eeoc/publications/fs-ada.cfm


Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act’s Title 3

(CCPA), Retrieved June 16, 2013, from U.S. Department of Labor, Wage and Hour

Division Web site: http://www.dol.gov/whd/regs/compliance/whdfs30.pdf

Fair Labor Standards Act (FLSA) Minimum Wage Poster, Employee Rights Under the Fair

Labor Standards Act, Retrieved June 16, 2013, from U.S. Department of Labor, Wage

and Hour Division Web site:


Genetic Information Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment

Opportunity Commission Web site: http://www1.eeoc.gov//laws/types/genetic.cfm

Handy Reference Guide to the Fair Labor Standards Act, Retrieved June 16, 2013, from U.S.

Department of Labor, Wage and Hour Division Web site:

http://www.dol.gov/whd/regs/compliance/hrg.htm

National Origin Discrimination, Retrieved June 16, 2013, from U.S. Department of Labor, Wage

and Hour Division Web site: http://www1.eeoc.gov//laws/types/nationalorigin.cfm

OFCCP Equal Employment Opportunity Posters, Equal Employment Opportunity is the Law,

Retrieved June 16, 2013, from U.S. Department of Labor, Office of Federal Contract

Compliance Programs Web site:

http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost.pdf

Perkins, D. (2013, June 17). Announcements. Week 4 Discussion Board. HRM6030 81539

Employee Rights/Employer Oblig SEC 02 Spring 2013 CPS Quarter Graduate[VTL-B-

Second Half Start-OL]. Message posted to

http://www.dol.gov/ofccp/regs/compliance/posters/pdf/eeopost.pdf

http://www1.eeoc.gov//laws/types/nationalorigin.cfm

http://www.dol.gov/whd/regs/compliance/hrg.htm

http://www1.eeoc.gov//laws/types/genetic.cfm




http://nuonline.neu.edu/webapps/portal/frameset.jsp?url=%2Fwebapps%2Fblackboard

%2Fexecute%2Flauncher%3Ftype%3DCourse%26id%3D_1692878_1%26url%3D

Pregnancy Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment Opportunity

Commission Web site: http://www1.eeoc.gov//eeoc/publications/fs-preg.cfm

Pregnancy Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment Opportunity

Commission Web site: http://www1.eeoc.gov//laws/types/pregnancy.cfm

Prohibited Employment Policies/Practices, Retrieved June 16, 2013, from U.S. Equal

Employment Opportunity Commission Web site:

http://www1.eeoc.gov//laws/practices/index.cfm

Race/Color Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment Opportunity

Commission Web site: http://www1.eeoc.gov//laws/types/race_color.cfm

Religious Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment Opportunity

Commission Web site: http://www1.eeoc.gov//laws/types/religion.cfm

Sex-Based Discrimination, Retrieved June 16, 2013, from U.S. Equal Employment Opportunity

Commission Web site: http://www1.eeoc.gov//laws/types/sex.cfm

Walker, E. M. (2013, June 12). Announcements. Week 3 Discussion Board Learnings.

HRM6030 81539 Employee Rights/Employer Oblig SEC 02 Spring 2013 CPS (VTL-B-

Second Half Start-OL]. Message posted to



http://nuonline.neu.edu/webapps/portal/frameset.jsp?url=%2Fwebapps%2Fblackboard%2Fexecute%2Flauncher%3Ftype%3DCourse%26id%3D_1692878_1%26url%3D


http://www1.eeoc.gov//laws/types/sex.cfm

http://www1.eeoc.gov//laws/types/religion.cfm

http://www1.eeoc.gov//laws/types/race_color.cfm

http://www1.eeoc.gov//laws/practices/index.cfm

http://www1.eeoc.gov//laws/types/pregnancy.cfm

http://www1.eeoc.gov//eeoc/publications/fs-preg.cfm




Walker, E.M. (2013). 3 Competitive Challenges Influencing HRM, Welcome/Overview to the

Course [PDF document, Camtasia recording]. HRM 6030 Legal Environment Overview

Revised Lecture Notes /Camtesia Recoding 6030 Welcome to Class. Retrieved from

Northeastern University, College of Professional Studies Blackboard Web site:



Walker, E.M. (2013). Key Elements of this Chapter, Chapter 1: Hiring [PDF document,

Camtasia recording]. HRM 6030 Legal Environment Hiring Part PDF Notes Revised/

Camtasia Recording: Hiring Part 1. Retrieved from Northeastern University College of

Professional Studies Blackboard Web site:







intern anti-discrimination and fair labor standards act training overview hrm 6030 final assignment

Documents

flsa policies

flsa compliant policies

flsa compliance efforts

employee rights

future associates

associates legal rights

new day

business sector