Religious Discrimination & Reasonable Accommodation
The law requires an employer or other covered entity to reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion. Examples of some common religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices.
Religious Accommodation/Dress and Grooming Policies
Unless it would be an undue hardship on the employer's operation of its business, an employer must reasonably accommodate an employee's religious beliefs or practices. This applies not only to schedule changes or leave for religious observances, but also to such things as dress or grooming practices that an employee has for religious reasons. These might include, for example, wearing particular head coverings or other religious dress (such as a Jewish yarmulke or a Muslim headscarf), or wearing certain hairstyles or facial hair (such as Rastafarian dreadlocks or Sikh uncut hair and beard). It also includes an employee's observance of a religious prohibition against wearing certain garments (such as pants or miniskirts).
When an employee or applicant needs a dress or grooming accommodation for religious reasons, he should notify the employer that he needs such an accommodation for religious reasons. If the employer reasonably needs more information, the employer and the employee should engage in an interactive process to discuss the request. If it would not pose an undue hardship, the employer must grant the accommodation.
Religious Discrimination & Reasonable Accommodation and Undue Hardship
An employer does not have to accommodate an employee’s religious beliefs or practices if doing so would cause undue hardship to the employer. An accommodation may cause undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work.
Religious Discrimination And Employment Policies/Practices
An employee cannot be forced to participate (or not participate) in a religious activity as a condition of employment.
Information courtesy of the U.S. Equal Employment Opportunity Commission
Showing posts with label Employment. Show all posts
Showing posts with label Employment. Show all posts
Wednesday, June 1, 2011
Monday, May 30, 2011
Does the Law Protect Against Discrimination Based on Religion?
Definition of Religious Discrimination
Religious discrimination involves treating a person unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs. Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group.
Types of Protections from Religious Discrimination
State and federal law forbid discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. State and federal law also prohibit discrimination in the area of housing, including rental units, purchase of property, housing loans, and property insurance. Iowa law also protects people from discrimination and harassment in the areas of public accommodation (public buildings and services), credit, and education.
Information courtesy of the U.S. Equal Employment Opportunity Commission, U.S. Department of Housing and Urban Development, and the Iowa Civil Rights Commission.
Religious discrimination involves treating a person unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs. Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group.
Types of Protections from Religious Discrimination
State and federal law forbid discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. State and federal law also prohibit discrimination in the area of housing, including rental units, purchase of property, housing loans, and property insurance. Iowa law also protects people from discrimination and harassment in the areas of public accommodation (public buildings and services), credit, and education.
Information courtesy of the U.S. Equal Employment Opportunity Commission, U.S. Department of Housing and Urban Development, and the Iowa Civil Rights Commission.
Wednesday, May 25, 2011
Are There Protections Based on Immigration or Citizenship Status?
Citizenship Discrimination and Workplace Laws
The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract. Employers may not refuse to accept lawful documentation that establishes the employment eligibility of an employee, or demand additional documentation beyond what is legally required, when verifying employment eligibility (i.e., completing the Department of Homeland Security (DHS) Form I-9), based on the employee's national origin or citizenship status. It is the employee's choice which of the acceptable Form I-9 documents to show to verify employment eligibility.
IRCA also prohibits retaliation against individuals for asserting their rights under the Act, or for filing a charge or assisting in an investigation or proceeding under IRCA.
IRCA’s nondiscrimination requirements are enforced by the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division. OSC may be reached at:
Information courtesy of the U.S. Equal Employment Opportunity Commission
The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract. Employers may not refuse to accept lawful documentation that establishes the employment eligibility of an employee, or demand additional documentation beyond what is legally required, when verifying employment eligibility (i.e., completing the Department of Homeland Security (DHS) Form I-9), based on the employee's national origin or citizenship status. It is the employee's choice which of the acceptable Form I-9 documents to show to verify employment eligibility.
IRCA also prohibits retaliation against individuals for asserting their rights under the Act, or for filing a charge or assisting in an investigation or proceeding under IRCA.
IRCA’s nondiscrimination requirements are enforced by the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division. OSC may be reached at:
1-800-255-7688 (voice for employees/applicants),
1-800-237-2515 (TTY for employees/applicants),
1-800-255-8155 (voice for employers), or
1-800-362-2735 (TTY for employers), or
http://www.usdoj.gov/crt/osc.
http://www.usdoj.gov/crt/osc.
Information courtesy of the U.S. Equal Employment Opportunity Commission
Thursday, January 13, 2011
Can Employers Require Medical Exams?
Courtesy Successful Interviewing Guide by Iowa Workforce Development
Medical Examinations
Under the Americans with Disabilities Act (ADA) it is unlawful for the employer to require an applicant to take a medical examination before making a job offer. After a job offer is made and prior to the commencement of employment duties, an applicant may be required to take a medical examination if everyone who will be working in the job category must also take the examination. The job offer may be made conditional on the results of the medical examination. However, if an individual is not hired because a medical examination reveals the existence of a disability, the employer must be able to show that the reasons for exclusion are job-related and necessary for the conduct of business. Also, the employer must be able to show that there was no reasonable accommodation that would have made it possible for the individual to perform the essential job functions.
While a person is employed, an employer cannot require that an employee undergo a medication examination or inquiry unless it is job-related and consistent with business necessity. The employer's evidence of job-related problems should be objective. When an employee is injured on or off the job, becomes ill, or otherwise disabled, a medical examination may be necessary to determine if the person can continue to perform the essential functions of the job, with or without a reasonable accommodation. The examination may also be necessary to determine the need for or extent of reasonable accommodation.
Employers may conduct periodic examinations and other medical screening and monitoring required by federal, state, or local laws. Employers may also conduct voluntary medication examinations and screening as part of an employee health and wellness program.
Information obtained from an employee medical examination or inquiry may not be used to discriminate against the employee. All information obtained from employee medical examinations and inquiries must be maintained in secured files separate from personnel files, and must be used in accordance with ADA confidentiality requirements.
Medical Examinations
Under the Americans with Disabilities Act (ADA) it is unlawful for the employer to require an applicant to take a medical examination before making a job offer. After a job offer is made and prior to the commencement of employment duties, an applicant may be required to take a medical examination if everyone who will be working in the job category must also take the examination. The job offer may be made conditional on the results of the medical examination. However, if an individual is not hired because a medical examination reveals the existence of a disability, the employer must be able to show that the reasons for exclusion are job-related and necessary for the conduct of business. Also, the employer must be able to show that there was no reasonable accommodation that would have made it possible for the individual to perform the essential job functions.
While a person is employed, an employer cannot require that an employee undergo a medication examination or inquiry unless it is job-related and consistent with business necessity. The employer's evidence of job-related problems should be objective. When an employee is injured on or off the job, becomes ill, or otherwise disabled, a medical examination may be necessary to determine if the person can continue to perform the essential functions of the job, with or without a reasonable accommodation. The examination may also be necessary to determine the need for or extent of reasonable accommodation.
Employers may conduct periodic examinations and other medical screening and monitoring required by federal, state, or local laws. Employers may also conduct voluntary medication examinations and screening as part of an employee health and wellness program.
Information obtained from an employee medical examination or inquiry may not be used to discriminate against the employee. All information obtained from employee medical examinations and inquiries must be maintained in secured files separate from personnel files, and must be used in accordance with ADA confidentiality requirements.
Tuesday, January 11, 2011
What Types of Reasonable Accommodations Need to Be Made During the Hiring Process
From Successful Interviewing Guide by Iowa Workforce Development
Reasonable and Necessary Accommodations During the Hiring Process
The Americans with Disabilities Act (ADA) requires that reasonable accommodations be made for applicants with disabilities during every step of the hiring process. The ADA requires that people whose disabilities impair sensory, speaking or manual skills be given tests in a format that does not require use of the impaired skills, unless the test is designed to measure that skill. Some examples of accommodation include:
Reasonable and Necessary Accommodations During the Hiring Process
The Americans with Disabilities Act (ADA) requires that reasonable accommodations be made for applicants with disabilities during every step of the hiring process. The ADA requires that people whose disabilities impair sensory, speaking or manual skills be given tests in a format that does not require use of the impaired skills, unless the test is designed to measure that skill. Some examples of accommodation include:
- Substituting a written test for an oral test (or written instructions for oral instructions) for people with disabilities that impair speaking or hearing
- Giving a test in large print, in Braille, by a reader, or on a computer for people with visual or other reading disabilities
- Providing the services of a sign language interpreter during the interview or testing procedures for applicants with impaired hearing
- Iowa Civil Rights Commission: http://www.state.ia.us/government/crc
- Iowa Department of the Blind: http://www.blind.state.ia.us/
- Iowa Department of Human Rights (Deaf Services and Persons with Disabilities: http://www.humanrights.iowa.gov/
- Iowa Department of Human Services: http://www.dhs.iowa.gov/
- Iowa Department of Public Health: http://www.idph.state.ia.us/
- Iowa Development Disabilities Council: http://idaction.com/
- Iowa Vocational Rehabilitation Services: http://www.ivrs.iowa.gov/
- Iowa Workforce Development: http://www.iowaworkforce.org/
Thursday, January 6, 2011
What Questions Can Employers Ask Applicants with Disabilities?
Valid Types of Questions During the Interview Process
- Whether an applicant can perform the duties of the job, with or without accommodation
- If the applicant has the necessary ability and experience related to the specific duties and essential functions of the job
- If the applicant has the necessary licenses, diplomas, training certificates, or other required qualifications
- Ask the applicant to describe or demonstrate how he/she/zhe will perform the specific functions, if this is required of everyone, regardless of disability
- If the applicant can meet the requirements of the employer's work hours, overtime work, travel, and attendance policies
- Ask a previous employer about job functions and tasks performed by the applicant, the quality and quantity of the work performed, the applicant's attendance record, and other job-related questions that are not likely to disclose disability
- Do you have a disability or major illness?
- What is the nature or severity of your disability or any conditions/diseases for which you have been treated?
- Have you ever been hospitalize4d?
- Have you ever been treated for a mental illness?
- Questions about an applicant's past record of a disability, the applicant's record of drug/alcohol addiction or the nature of related treatment
- Have you ever filed a worker's compensation claim or suffered a disabling injury in a previous job?
- Will you need time off for medical treatments or for other reasons associated with your disability?
Tuesday, January 4, 2011
What Does the Law Say About Hiring People with Disabilities?
From Successful Interview Guide by Iowa Workforce Development
Employers have a legitimate concern in hiring employees who are physically and mentally able to do their jobs. Many persons have been screened out of employment because of real or perceived physical or mental conditions which may not be related to their ability to perform the work.
Under the federal Americans with Disabilities Act (ADA), it is specifically unlawful to ask whether an applicant is disabled, or to inquire about the nature or severity of an illness or disability. The Iowa Civil Rights Act's prohibition on disability discrimination follows the federal ADA. These laws prohibit disability-related questions on application forms, during job interviews, or in background or reference checks. Employers may ask an applicant questions about the person's ability to perform the essential functions of the job. Employers may also ask an applicant to describe or demonstrate how, with or without reasonable accommodation, that the applicant can perform job-related functions.
An applicant or employee must be qualified for the job, that is, he or she must satisfy the job requirements for educational background, employment experience, skills, licenses, or other job-related qualification standards. The ADA and the Iowa Civil Rights Act do not interfere with the employer's right to hire the best qualified applicant. Nor do these laws impose any affirmative action obligations. The law simply prohibits the employer from discriminating against a qualified applicant or employee because of a disability.
Under the ADA, a disability is defined as a physical or mental impairment that substantially limits a major life activity. The ADA also protects individuals who have a record of such impairment, or who are regarded as having such impairment. The ADA makes it unlawful to discriminate against a qualified applicant or employee because of the disability of an individual with whom the applicant or employee is known to have a family, business, social or other relationship or association.
An employer may not use a physical or mental condition to disqualify an applicant merely because the employer believes the applicants condition would pose a health or safety threat. The employer must show that the condition poses a "significant risk of substantial harm." An assessment of the condition must be based on valid medical evidence.
Employers have a legitimate concern in hiring employees who are physically and mentally able to do their jobs. Many persons have been screened out of employment because of real or perceived physical or mental conditions which may not be related to their ability to perform the work.
Under the federal Americans with Disabilities Act (ADA), it is specifically unlawful to ask whether an applicant is disabled, or to inquire about the nature or severity of an illness or disability. The Iowa Civil Rights Act's prohibition on disability discrimination follows the federal ADA. These laws prohibit disability-related questions on application forms, during job interviews, or in background or reference checks. Employers may ask an applicant questions about the person's ability to perform the essential functions of the job. Employers may also ask an applicant to describe or demonstrate how, with or without reasonable accommodation, that the applicant can perform job-related functions.
An applicant or employee must be qualified for the job, that is, he or she must satisfy the job requirements for educational background, employment experience, skills, licenses, or other job-related qualification standards. The ADA and the Iowa Civil Rights Act do not interfere with the employer's right to hire the best qualified applicant. Nor do these laws impose any affirmative action obligations. The law simply prohibits the employer from discriminating against a qualified applicant or employee because of a disability.
Under the ADA, a disability is defined as a physical or mental impairment that substantially limits a major life activity. The ADA also protects individuals who have a record of such impairment, or who are regarded as having such impairment. The ADA makes it unlawful to discriminate against a qualified applicant or employee because of the disability of an individual with whom the applicant or employee is known to have a family, business, social or other relationship or association.
An employer may not use a physical or mental condition to disqualify an applicant merely because the employer believes the applicants condition would pose a health or safety threat. The employer must show that the condition poses a "significant risk of substantial harm." An assessment of the condition must be based on valid medical evidence.
Tuesday, December 28, 2010
What are the Federal Protections against Age Discrimination?
Facts about Age Discrimination (courtesy the U.S. Equal Employment Opportunity Commission)
The Age Discrimination in Employment Act in 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment. This includes, but is not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. It is also 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. The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.
Apprenticeship Programs
It is generally unlawful for apprentice programs, including joint labor-management apprenticeship programs, to discriminate on the basis of an individual's age. Age limitations in apprenticeship programs are valid only if they fall within certain specific exemptions under the ADEA or if the EEOC grants a specific exemption.
Job Notices and Advertisements
The ADEA makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements. As a narrow exception to that general rule, a job notice or advertisement may specify an age limit in the rare circumstances where age is shown to be a "bona fide occupational qualification" (BGOQ) reasonably necessary to the essence of the business.
Pre-Employment Inquiries
The ADEA does not specifically prohibit an employer from asking an applicant's age or date of birth. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate a possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the ADEA.
Benefits
The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older workers. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost to providing benefits to younger workers.
Waiver of ADEA Rights
At an employer's request, an individual may agree to waive his/her rights under the ADEA. However, the ADEA, as amended by OWBPA, sets out specific minimum standards that must be met in order for a waiver to be considered knowing and voluntary and, therefore, valid. Among other requirements, a valid ADEA waiver: (1) must be in writing and be understandable; (2) must specifically refer to ADEA rights or claims; (3) may not waive rights or claims that may arise in the future; (4) must be in exchange for valuable consideration; (5) must advise the individual in writing to consult an attorney before signing the waiver; and (6) must provide the individual at least 21 days to consider the agreement and at least 7 days to revoke the agreement after signing it. In addition, if an employer requests an ADEA waiver in connection with an exit incentive program or other employment termination program, the minimum requirements for a valid waiver are more extensive.
The Age Discrimination in Employment Act in 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment. This includes, but is not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. It is also 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. The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.
Apprenticeship Programs
It is generally unlawful for apprentice programs, including joint labor-management apprenticeship programs, to discriminate on the basis of an individual's age. Age limitations in apprenticeship programs are valid only if they fall within certain specific exemptions under the ADEA or if the EEOC grants a specific exemption.
Job Notices and Advertisements
The ADEA makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements. As a narrow exception to that general rule, a job notice or advertisement may specify an age limit in the rare circumstances where age is shown to be a "bona fide occupational qualification" (BGOQ) reasonably necessary to the essence of the business.
Pre-Employment Inquiries
The ADEA does not specifically prohibit an employer from asking an applicant's age or date of birth. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate a possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the ADEA.
Benefits
The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older workers. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost to providing benefits to younger workers.
Waiver of ADEA Rights
At an employer's request, an individual may agree to waive his/her rights under the ADEA. However, the ADEA, as amended by OWBPA, sets out specific minimum standards that must be met in order for a waiver to be considered knowing and voluntary and, therefore, valid. Among other requirements, a valid ADEA waiver: (1) must be in writing and be understandable; (2) must specifically refer to ADEA rights or claims; (3) may not waive rights or claims that may arise in the future; (4) must be in exchange for valuable consideration; (5) must advise the individual in writing to consult an attorney before signing the waiver; and (6) must provide the individual at least 21 days to consider the agreement and at least 7 days to revoke the agreement after signing it. In addition, if an employer requests an ADEA waiver in connection with an exit incentive program or other employment termination program, the minimum requirements for a valid waiver are more extensive.
Wednesday, December 22, 2010
What is the Genetic Information Nondiscrimination Act?
Genetic Information Nondiscrimination Act
Under Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts acquisition of genetic information by employers and other entities covered by Title II, and strictly limits the disclosure of genetic information.
Genetic Information
Genetic information includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about any disease, disorder, or condition of an individual's family members (i.e. an individual's family medical history).
Six Exceptions to GINA
It is also unlawful for an employer to disclose genetic information about applicants or employees. Employers must keep genetic information confidential and in a separate medical file. Genetic information may be kept in the same file as other medical information in compliance with the Americans with Disabilities Act (ADA). There are limited exceptions to this non-disclosure rule.
Under Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts acquisition of genetic information by employers and other entities covered by Title II, and strictly limits the disclosure of genetic information.
Genetic Information
Genetic information includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about any disease, disorder, or condition of an individual's family members (i.e. an individual's family medical history).
Six Exceptions to GINA
- Inadvertent acquisitions of genetic information do not violate GINA, such as in situations where a manager or supervisor overhears someone talking about a family member's illness
- Genetic information (such as family medical history) may be obtained as part of health or genetic services, including wellness programs, offered by the employer on a voluntary basis, if certain specific requirements are met.
- Genetic information may be acquired as part of the certification process for FMLA leave (or leave under similar state or local laws) where an employee is asking for leave to care for a family member with a serious health condition.
- Acquisitions through commercially and publicly available documents like newspapers is permitted, as long as the employer is not searching those sources with the intent of finding genetic information.
- Acquisition through a genetic monitoring program that monitors the biological effects of toxic substances in the workplace is permitted where the monitoring is required by law or, under carefully defined conditions, where the program is voluntary.
- Acquisition of genetic information of employees by employers who engage in DNA testing for law enforcement purposes as a forensic lab or for purposes of human remains identification is permitted, but the genetic information may only be used for analysis of DNA markers for quality control to detect sample contamination.
It is also unlawful for an employer to disclose genetic information about applicants or employees. Employers must keep genetic information confidential and in a separate medical file. Genetic information may be kept in the same file as other medical information in compliance with the Americans with Disabilities Act (ADA). There are limited exceptions to this non-disclosure rule.
Thursday, December 9, 2010
How Does the Family and Medical Leave Act of 1993 (FMLA) Handle Pregnancy Discrimination
Who is Eligible for FMLA Leave?
The employer must have 50 or more employees for each working day during 20 or more calendar workweeks (not necessarily consecutive workweeks) in the current or preceding calendar year. The 50 or more employees must work within a 75-mile radius. The employee in question must have been employed for at least 1250 hours of service for the employer during the previous 12-month period immediately preceding commencement of the leave.
What are the Two Types of Leave under FMLA?
The employer must have 50 or more employees for each working day during 20 or more calendar workweeks (not necessarily consecutive workweeks) in the current or preceding calendar year. The 50 or more employees must work within a 75-mile radius. The employee in question must have been employed for at least 1250 hours of service for the employer during the previous 12-month period immediately preceding commencement of the leave.
What are the Two Types of Leave under FMLA?
- An eligible employee (male or female) may take family leave for the birth of a child/children; the adoption of a child/children; if the employees will have a foster child/children placed in his/her care; or to take care of a spouse, child/children or parent with a serious health condition.
- An eligible employee may take medical leave when an employee is unable to perform his or her job because of the employee's own serious health condition. This includes pregnancy, miscarriages, or complications or illnesses related to pregnancy.
- A leave of up to 12 consecutive weeks
- Intermittent leave taken in separate blocks of time due to a single injury or illness
- A reduced work leave schedule whereby the usual hours per workweek or per workday of the employee are reduced
- An employee must provide the employer at least 30 days advance notice before the FMLA leave is to begin if the need is foreseeable. If circumstances require that the leave begin in less than 30 days, notice must be provided as soon as "practicable."
- If an employee is requesting leave due to birth, adoption, or foster care placement, the employer may require, or the employee employee may request the use of accrued vacation leave and/or accrued personal leave.
- The FMLA does not require a covered employer to provide any paid leave. Under certain circumstances, the FMLA permits the employee to choose or the employer to require substitution of paid leave, which has been accrued pursuant to the employer's policies, for any part of the leave, so that the total paid and unpaid leave equals 12 weeks.
- For the duration of the FMLA leave, the employer must maintain the employee's health coverage under the existing premium contribution arrangement through any group health plan.
- An employees returning from FMLA leave is entitled to be restored either to the same position the employee held before or an equivalent position with equivalent benefits, pay and other terms and conditions of employment.
Tuesday, December 7, 2010
What Areas of Pregnancy Discrimination Do the Iowa Civil Rights Act and Title VII Address?
Hiring and Termination
An employer cannot terminate or refuse to hire a woman because of her pregnancy-related condition as long as she is able to perform the major functions of her job, with or without accommodation. An employer cannot terminate or refuse to hire her because of the employer's prejudices against pregnant workers or the prejudices of co-workers, clients, or customers.
Pregnancy and Maternity Leave
An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, an employer may use any procedure used to screen other employees' ability to work. For example, if an employer requires its employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.
If an employees is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disability leave, or leave without pay.
Pregnant workers must be permitted to work as long as they are able to perform their jobs. If an employees has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby's birth. An employer may not have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth. Employers must hold open a job for pregnancy-related absence the same length of time jobs are held open for employees on sick or disability leave, but must allow up to eight weeks of medically indicated leave. Beyond that, employers should try to return the person to the same or similar job within the same pay range.
Health Insurance
Any health insurance provided by an employer must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions. Pregnancy-related expenses should be reimbursed exactly as those incurred for other medical conditions, whether payment is on a fixed basis or a percentage of reasonable and customary charge basis.
The amounts payable by the insurance provider can be limited only to the same extent as costs for other conditions. No additional, increased or larger deductible can be imposed.
If a health insurance plan excludes benefit payments for pre-existing conditions when the insured coverage becomes effective, benefits can be denied for medical costs arising from an existing pregnancy. Employers must provide the same level of health benefits for spouses of male employees as they do for spouses of female employees.
Fringe Benefits
Pregnancy-related benefits cannot be limited to married employees. In an all-female workforce or job classification, benefits must be provided for pregnancy-related conditions if benefits are provided for other medical conditions. If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy-related conditions. Employees with pregnancy-related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases, and temporary disability benefits.
An employer cannot terminate or refuse to hire a woman because of her pregnancy-related condition as long as she is able to perform the major functions of her job, with or without accommodation. An employer cannot terminate or refuse to hire her because of the employer's prejudices against pregnant workers or the prejudices of co-workers, clients, or customers.
Pregnancy and Maternity Leave
An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, an employer may use any procedure used to screen other employees' ability to work. For example, if an employer requires its employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.
If an employees is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disability leave, or leave without pay.
Pregnant workers must be permitted to work as long as they are able to perform their jobs. If an employees has been absent from work as a result of a pregnancy-related condition and recovers, her employer may not require her to remain on leave until the baby's birth. An employer may not have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth. Employers must hold open a job for pregnancy-related absence the same length of time jobs are held open for employees on sick or disability leave, but must allow up to eight weeks of medically indicated leave. Beyond that, employers should try to return the person to the same or similar job within the same pay range.
Health Insurance
Any health insurance provided by an employer must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions. Pregnancy-related expenses should be reimbursed exactly as those incurred for other medical conditions, whether payment is on a fixed basis or a percentage of reasonable and customary charge basis.
The amounts payable by the insurance provider can be limited only to the same extent as costs for other conditions. No additional, increased or larger deductible can be imposed.
If a health insurance plan excludes benefit payments for pre-existing conditions when the insured coverage becomes effective, benefits can be denied for medical costs arising from an existing pregnancy. Employers must provide the same level of health benefits for spouses of male employees as they do for spouses of female employees.
Fringe Benefits
Pregnancy-related benefits cannot be limited to married employees. In an all-female workforce or job classification, benefits must be provided for pregnancy-related conditions if benefits are provided for other medical conditions. If an employer provides any benefits to workers on leave, the employer must provide the same benefits for those on leave for pregnancy-related conditions. Employees with pregnancy-related disabilities must be treated the same as other temporarily disabled employees for accrual and crediting of seniority, vacation calculation, pay increases, and temporary disability benefits.
Saturday, December 4, 2010
What Laws Cover Discrimination in Iowa Involving Pregnancy?
Chapter 216 of the Iowa Code (Iowa's Civil Rights Act)
The Iowa Civil Rights Act of 1965 prohibits discrimination in employment due to pregnancy. Chapter 216 is enforced by the Iowa Civil Rights Commission and applies to employers with 4 or more employees. Pregnancy is regarded as a temporary disability. Pregnancy must not be treated more harshly than other temporary disabilities under an employer's polices. Pregnancy, however, may be treated more favorably. If a reasonable accommodation is necessary to allow the pregnancy employee to perform the major functions of her position, the employer must attempt to do so. when leave is not available, an employer shall not refuse to grant a pregnant employees an unpaid leave of absence for up to 8 weeks, as required by doctor's orders. The employer may require that there be a medical certification for such leave.
The Pregnancy Discrimination Act
The Pregnancy Discrimination Act is an amendment to Title VII of The Civil Rights Act of 1964. It is enforced by the Equal Employment Opportunity Commission (EEOC), and applies to employers with 15 or more employees. Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.
Family and Medical Leave Act of 1993
The Family and Medical Leave Act of 1993 (FMLA) requires employers with 50 or more employees within a 75-mile radius to provide eligible employees with unpaid family and medical leaves of absence of up to 12 weeks during a 12-month period. The FMLA is enforced by the U.S. Department of Labor.
The Iowa Civil Rights Act of 1965 prohibits discrimination in employment due to pregnancy. Chapter 216 is enforced by the Iowa Civil Rights Commission and applies to employers with 4 or more employees. Pregnancy is regarded as a temporary disability. Pregnancy must not be treated more harshly than other temporary disabilities under an employer's polices. Pregnancy, however, may be treated more favorably. If a reasonable accommodation is necessary to allow the pregnancy employee to perform the major functions of her position, the employer must attempt to do so. when leave is not available, an employer shall not refuse to grant a pregnant employees an unpaid leave of absence for up to 8 weeks, as required by doctor's orders. The employer may require that there be a medical certification for such leave.
The Pregnancy Discrimination Act
The Pregnancy Discrimination Act is an amendment to Title VII of The Civil Rights Act of 1964. It is enforced by the Equal Employment Opportunity Commission (EEOC), and applies to employers with 15 or more employees. Discrimination on the basis of pregnancy, childbirth or related medical conditions constitutes unlawful sex discrimination under Title VII. Women affected by pregnancy or related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.
Family and Medical Leave Act of 1993
The Family and Medical Leave Act of 1993 (FMLA) requires employers with 50 or more employees within a 75-mile radius to provide eligible employees with unpaid family and medical leaves of absence of up to 12 weeks during a 12-month period. The FMLA is enforced by the U.S. Department of Labor.
Thursday, November 18, 2010
How Can Harassment Affect Employers?
The Costs of Harassment
Harassment is expensive. A harassing atmosphere at work will cause low employee morale and high turnover. Low morale usually translates to low production or poor quality work. Many times a victim of harassment will simply quit and leave a job rather than have a confrontation about it. This costs money for the employer to hire and train new workers.
There are costs involved if a harassment complaint is filed internally with the employer, i.e., staff time needed to investigate and resolve the complaint. If a complaint is filed with an enforcement agency, there will be additional costs for staff time and legal counsel to respond to the complaint.
If there is an adverse decision from the enforcement agency or a court, the employer may have to pay damages for lost pay or emotional distress. If a charge of harassment becomes public knowledge, a business could suffer a loss of customers and public good will.
Employer Liability
When a termination has been made that harassment did occur in the workplace, the follow liability standards apply:
Harassment is expensive. A harassing atmosphere at work will cause low employee morale and high turnover. Low morale usually translates to low production or poor quality work. Many times a victim of harassment will simply quit and leave a job rather than have a confrontation about it. This costs money for the employer to hire and train new workers.
There are costs involved if a harassment complaint is filed internally with the employer, i.e., staff time needed to investigate and resolve the complaint. If a complaint is filed with an enforcement agency, there will be additional costs for staff time and legal counsel to respond to the complaint.
If there is an adverse decision from the enforcement agency or a court, the employer may have to pay damages for lost pay or emotional distress. If a charge of harassment becomes public knowledge, a business could suffer a loss of customers and public good will.
Employer Liability
When a termination has been made that harassment did occur in the workplace, the follow liability standards apply:
- Harassment by a supervisor or manager involving a "tangible job action": the employer is always liable. A "tangible job action" includes such things as hiring, firing, failure to promote, loss or raise, etc.
- Harassment by a supervisor or manager involving hostile environment: employer is liable unless the employer proves that they exercised reasonable care to prevent and remedy any harassing behavior, and that the complainant filed to take advantage of preventive or corrective measures or otherwise avoid harm.
- Harassment by a supervisor or manager: the harasser may be individually liable, as well as the employer.
- Harassment by a co-worker, non-employee or other outside person: the employer is liable if the employer knew or should have known about the harassment and did not take prompt remedial action.
- Co-workers may also be individually liable for damages caused by harassment.
Monday, November 15, 2010
What is the Definition of Sexual Harassment in the Workplace?
The Equal Employment Opportunity Commission (EEOC) Guidelines define sexual harassment as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
This definition does not prohibit the usual social interaction, which sometimes is of a sexual nature, among people who work together. People can get acquainted, joke together, or ask for a date as long as that is welcomed by the parties involved. Welcome behavior or consensual contacts of a sexual nature are not harassment.
There are two types of harassment: that which results in a tangible employment action and that which creates an unlawful hostile environment but does not result in a tangible employment action. An employer is always liable for a supervisor's harassment if it results in a tangible employment action. If it does not involve a tangible employment action, however, the employer may be able to avoid liability or limit damages by establishing that it exercised reasonable care to prevent and correct promptly any harassing behavior and that the employee unreasonably failed to utilize the preventive or corrective opportunities provided by the employer.
Harassment involves a tangible employment action if it results in a significant change in employment status based on the employee's responses to unwelcome sexual demands. Examples of tangible employment actions include hiring and firing, promotion and failure to promote, demotion, compensation decisions and work assignments.
The employer is liable for supervisor harassment because supervisors are aided in their misconduct by the authority that the employers have delegated to them, such as the authority to undertake or recommend tangible employment decisions, or to direct the employee's daily work activities.
With respect to conduct between co-workers, an employer is responsible for acts of sexual harassment in the workplace where the employer knew or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action.
- submission to such conduct is made an implicit or explicit condition of an individual's employment;
- submission to or rejection of such conduct affects employment opportunities; or
- such conduct interferes with an employee's work or creates an intimidating, hostile, or offensive work environment.
This definition does not prohibit the usual social interaction, which sometimes is of a sexual nature, among people who work together. People can get acquainted, joke together, or ask for a date as long as that is welcomed by the parties involved. Welcome behavior or consensual contacts of a sexual nature are not harassment.
There are two types of harassment: that which results in a tangible employment action and that which creates an unlawful hostile environment but does not result in a tangible employment action. An employer is always liable for a supervisor's harassment if it results in a tangible employment action. If it does not involve a tangible employment action, however, the employer may be able to avoid liability or limit damages by establishing that it exercised reasonable care to prevent and correct promptly any harassing behavior and that the employee unreasonably failed to utilize the preventive or corrective opportunities provided by the employer.
Harassment involves a tangible employment action if it results in a significant change in employment status based on the employee's responses to unwelcome sexual demands. Examples of tangible employment actions include hiring and firing, promotion and failure to promote, demotion, compensation decisions and work assignments.
The employer is liable for supervisor harassment because supervisors are aided in their misconduct by the authority that the employers have delegated to them, such as the authority to undertake or recommend tangible employment decisions, or to direct the employee's daily work activities.
With respect to conduct between co-workers, an employer is responsible for acts of sexual harassment in the workplace where the employer knew or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action.
Friday, November 12, 2010
What is Workplace Harassment and Are There Laws that Prohibit It?
What is Harassment?
Harassment is behavior which has the effect of humiliating, intimidating, or coercing someone through personal attack. It is behavior that will make someone uncomfortable or embarrassed, and cause emotional distress. It frequently occurs when one person wants to exert power or control over another person.
Harassment may be intentional with a person targeted personally, or it may be unintentional. What matters is how the person receiving the behavior perceives it to be.
While harassment because of sex gets the most attention, harassment because of other protected characteristics such as race, national origin, sexual orientation, gender identity, religion, age, or physical and mental disability is also prohibited under state and federal laws. Harassment because of marital status or appearance may also be illegal, depending on jurisdiction; it is always disrespectful and inappropriate workplace behavior.
The Laws that Prohibit Harassment
Title VII of the federal Civil Rights Act of 1964 prohibits discrimination in the workplace because of race, color, sex, religion, and national origin. Other federal laws prohibit discrimination because of age or disability. Harassment is a form of discrimination covered under these laws.
The Equal Employment Opportunity Commission (EEOC) has issued guidelines on sexual harassment in behavior and which set forth the standards followed by enforcement agencies and the courts in handling charges of sexual harassment. The definition's framework can also be applied to harassment for other reasons.
The Iowa Civil Rights Act of 1965, Iowa Code Chapter 216, also prohibits employment discrimination because of race, sex, sexual orientation, gender identity, religion, creed, national origin, age, color, or disability. Harassment is considered to be a form of prohibited discrimination. The state goes beyond Title VII by also prohibiting discrimination in the areas of housing, public accommodations, credit, and education.
In addition, many cities have human rights / civil rights ordinances that prohibit discrimination in the workplace.
Harassment is behavior which has the effect of humiliating, intimidating, or coercing someone through personal attack. It is behavior that will make someone uncomfortable or embarrassed, and cause emotional distress. It frequently occurs when one person wants to exert power or control over another person.
Harassment may be intentional with a person targeted personally, or it may be unintentional. What matters is how the person receiving the behavior perceives it to be.
While harassment because of sex gets the most attention, harassment because of other protected characteristics such as race, national origin, sexual orientation, gender identity, religion, age, or physical and mental disability is also prohibited under state and federal laws. Harassment because of marital status or appearance may also be illegal, depending on jurisdiction; it is always disrespectful and inappropriate workplace behavior.
The Laws that Prohibit Harassment
Title VII of the federal Civil Rights Act of 1964 prohibits discrimination in the workplace because of race, color, sex, religion, and national origin. Other federal laws prohibit discrimination because of age or disability. Harassment is a form of discrimination covered under these laws.
The Equal Employment Opportunity Commission (EEOC) has issued guidelines on sexual harassment in behavior and which set forth the standards followed by enforcement agencies and the courts in handling charges of sexual harassment. The definition's framework can also be applied to harassment for other reasons.
The Iowa Civil Rights Act of 1965, Iowa Code Chapter 216, also prohibits employment discrimination because of race, sex, sexual orientation, gender identity, religion, creed, national origin, age, color, or disability. Harassment is considered to be a form of prohibited discrimination. The state goes beyond Title VII by also prohibiting discrimination in the areas of housing, public accommodations, credit, and education.
In addition, many cities have human rights / civil rights ordinances that prohibit discrimination in the workplace.
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