Health Decisions Webinar: ACA's Biggest Challenge - Employee Eligibility Verification
Employee Law Challenge
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Transcript of Employee Law Challenge
![Page 1: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/1.jpg)
Employee Law Challenge
![Page 2: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/2.jpg)
Requires employers to pay men & women similar wage rates for similar work?
Civil Rights
Act (1991)
Equal
Pay Act
(1963/1972)
Employe
e Disc
riminatio...
ADA (1990)
13%0%0%
88%
Nam
e t
he A
ct…
2 p
oin
t q
uesti
on
1. Civil Rights Act (1991)
2. Equal Pay Act (1963/1972)
3. Employee Discrimination Act (1978)
4. ADA (1990)
![Page 3: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/3.jpg)
Equal Pay ActSimilar wages for similar jobs,
skill, effort, responsibility & work conditions.
Pay distinctions can be made based on seniority, merit, quantity & quality of performance
Enacted in 1963 as the Equal Pay Act & then amended by the Equal Opportunity Act of 1972
![Page 4: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/4.jpg)
What does your spouse/partner do?
Legal
Illega
l
100%
0%
Is it
leg
al…
1 p
oin
t q
uesti
on
1. Legal2. Illegal
![Page 5: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/5.jpg)
Is information concerning a name change necessary to check work records or education?
Legal
Illega
l
14%
86%
Is it
leg
al…
1 p
oin
t q
uesti
on
Is it
leg
al…
1 p
oin
t q
uesti
on
1. Legal2. Illegal
![Page 6: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/6.jpg)
Illegal to ask…Inquiries about names indicating
national origin
Inquiries about names changed: Due to court orders Due to marriage
Marital status Could indicate sexual orientation Some companies favor people who are
married
![Page 7: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/7.jpg)
Allows victims of discrimination based on race, sex, religion & disability to collect damages.
Title VII o
f the Civi
l Righ
..
ADA (1990)
Civil Rights
Act (1991)
14%
71%
14%
Nam
e t
he A
ct…
2 p
oin
t q
uesti
on
1. Title VII of the Civil Rights Act (1964)
2. ADA (1990)3. Civil Rights Act
(1991)
![Page 8: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/8.jpg)
The differenceCivil Rights Act
◦Allows victims to collect compensatory or punitive damages and to demand a trial.
Title VII of the Civil Rights Act◦Unlawful for employers to
discriminate based on race, color, national origin, religion or sex.
![Page 9: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/9.jpg)
How large is your family?
Legal
Illega
l
100%
0%
Is it
leg
al…
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oin
t q
uesti
on
1. Legal2. Illegal
![Page 10: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/10.jpg)
___ was implemented in the early 1990s giving people with disabilities sharply increased access to services and jobs.
ADA
Rehabilitation...
Civil Rights
A...
86%
0%
14%Nam
e t
he A
ct…
2 p
oin
t q
uesti
on
1. ADA2. Rehabilitation
Act3. Civil Rights Act
![Page 11: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/11.jpg)
ActsRehabilitation Act
◦ vocational rehabilitation, supported employment, independent living, & client assistance
ADA Provides greater access to employment opportunities◦ Prohibit employers from discriminating
against qualified persons with disabilities◦ Prohibits use of screening methods or
employment standards that discriminate unless they are job related
![Page 12: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/12.jpg)
Would you need accommodations to perform this job?
Legal
Illega
l
43%
57%
1. Legal2. Illegal
Is it
leg
al…
1 p
oin
t q
uesti
on
![Page 13: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/13.jpg)
ADArequires that the employer
provide a reasonable accommodation to candidates with disabilities unless the employer can prove the accommodation would cause significant difficulty, expense, or change the essential functions of the job duty
![Page 14: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/14.jpg)
Do you rent or own your own home?
Legal
Illega
l
86%
14%
Is it
leg
al…
1 p
oin
t q
uesti
on 1. Legal
2. Illegal
![Page 15: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/15.jpg)
Which of the following is illegal?
If hire
d, can yo
u furn
ish...
After hirin
g – ask ee to
...
Prior t
o hiring - a
sk “W
ha...
0%
86%
14%
Is it
leg
al…
2 p
oin
t q
uesti
on
1. If hired, can you furnish proof of age?
2. After hiring – ask ee to provide proof of age by birth certificate
3. Prior to hiring - ask “What is your date of birth?”
![Page 16: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/16.jpg)
To a person with a disability…How would you perform XYZ task (an essential function)?
Legal
Illega
l
0%
100%
Is it
leg
al…
1 p
oin
t q
uesti
on
1. Legal2. Illegal
![Page 17: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/17.jpg)
People with DisabilitiesRehabilitation Act of 1973
◦Forbids employers from asking job applicants general questions about: Whether they have a disability The nature or severity of the disability
Must prove that any physical or mental requirements are due to “business necessity” & the safe performance of the job
![Page 18: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/18.jpg)
People with DisabilitiesAsk accommodations only after
the person has interviewed & is considered for employment
Must make reasonable accommodations if they do not cause undue hardship◦Alteration of duties◦Alteration of physical setting◦Provision of aids
![Page 19: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/19.jpg)
How was your foreign language acquired?
Legal
Illega
l
86%
14%
Is it
leg
al…
1 p
oin
t q
uesti
on 1. Legal
2. Illegal
![Page 20: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/20.jpg)
What is the name and address of persons to be notified in case of an emergency
Is it
leg
al…
1 p
oin
t q
uesti
on
1. Legal2. Illegal
![Page 21: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/21.jpg)
In case of emergencyCan ask person to notify
Can’t ask relative to notify
![Page 22: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/22.jpg)
Which one is legal?Is
it
leg
al…
1 p
oin
t q
uesti
on
1. Before hiring – ask for a photo
2. After hiring – ask for a photo for identification
3. During the interview – take a photo of the interviewee
![Page 23: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/23.jpg)
Can you legally work in this country?
Legal
Illega
l
0%
100%
Is it
leg
al…
1 p
oin
t q
uesti
on
1. Legal2. Illegal
![Page 24: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/24.jpg)
Which is illegal?
Bus driv
er – D
o you hav...
Any job – H
ave yo
u ever...
Day c
amp – Do you have...
0% 0%
100%
Is it
leg
al…
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oin
t q
uesti
on
1. Bus driver – Do you have any DUI convictions?
2. Any job – Have you ever been arrested?
3. Day camp – Do you have any child related convictions?
![Page 25: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/25.jpg)
Which of these are legal?
Does y
our relig
ion allow...
What r
eligious h
olidays
wi..
What is
the name of y
o..
None of t
he above are le
gal
0% 0%0%0%
Is it
leg
al…
2 p
oin
t q
uesti
on 1. Does your religion
allow you to work on Christmas?
2. What religious holidays will you need to take off for?
3. What is the name of your minister?
4. None of the above are legal
![Page 26: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/26.jpg)
Which of these are legal?
Have
you ever b
een disci...
Do you use
illega
l dru
gs?
Both questi
ons are
legal
Both questi
ons are
illegal
0% 0%0%0%Is it
leg
al…
2 p
oin
t q
uesti
on
1. Have you ever been disciplined for violating a previous employer’s policies about drug, alcohol, and tobacco use?
2. Do you use illegal drugs?
3. Both questions are legal
4. Both questions are illegal
![Page 27: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/27.jpg)
The Pregnancy Discrimination Act of 1978 makes it illegal to…
Refuse to
hire so
meone...
Fire
someone fo
r being ..
Fire
someone fo
r havin
g...
All of t
he above
Only 1 &
2
0% 0% 0%0%0%Nam
e t
he A
ct…
2 p
oin
t q
uesti
on
1. Refuse to hire someone pregnant
2. Fire someone for being an unwed mother
3. Fire someone for having an abortion
4. All of the above5. Only 1 & 2
![Page 28: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/28.jpg)
Pregnancy Discrimination Act of 1978Protects married & unmarried
womenProtects pregnancy, childbirth &
abortion issuesCan’t refuse to hire or fire based
on the above itemsCan’t change insurance benefits
due to these
![Page 29: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/29.jpg)
What is the name of your spouse?
Legal
Illega
l
0%0%
Is it
leg
al…
1 p
oin
t q
uesti
on 1. Legal
2. Illegal
![Page 30: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/30.jpg)
___ allows family members to take up to 12 weeks of unpaid leave in a 12 month period for family & health reasons
ADA (1990)
Rehabilitation Act
of 1974
Title VII o
f the Civi
l right..
.
Family
& M
edical L
eave ...
0% 0%0%0%Nam
e t
he A
ct…
1 p
oin
t q
uesti
on
1. ADA (1990)2. Rehabilitation Act of
19743. Title VII of the Civil
rights Act4. Family & Medical
Leave Act of 1993
![Page 31: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/31.jpg)
Family & Medical Leave Act of 1993Applies to males & femalesImpact immediate familyIssues covered
◦Child birth or adoption◦Acquisition of foster child◦Sick parent
Applies to all gvt employers & private employers with 50+ ee’s
![Page 32: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/32.jpg)
Age Discrimination Act of 1967 makes it illegal to…
Disc
riminate a...
Reduce an olde...
Require older .
..
All of t
he abo...
Only 2 &
3
0% 0% 0%0%0%
Nam
e t
he A
ct…
2 p
oin
t q
uesti
on
1. Discriminate against someone over 40 years of age
2. Reduce an older worker’s wage rate
3. Require older workers to pay more than younger workers for benefits
4. All of the above5. Only 2 & 3
![Page 33: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/33.jpg)
Age Discrimination Act of 1967Age of 40Unlawful to
◦Refuse to hire based on age◦Reduce older worker’s wages◦Require worker to pay more for
benefits or reduce benefitsApplies to gvt & private
employers with 20+ ee’s
![Page 34: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/34.jpg)
If you wanted to hire a certain gender for a position or have an age limit on a specific job, what would you need to get to do this?
BFOQ – Bona Fi
de Occu
...
Civil righ
ts exemption
Age & gender d
iscrim
ina...
Fair h
iring p
ractice
s a...
0% 0%0%0%Nam
e t
he A
ct…
2 p
oin
t q
uesti
on
1. BFOQ – Bona Fide Occupational Qualification
2. Civil rights exemption
3. Age & gender discrimination exemption
4. Fair hiring practices amendment
![Page 35: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/35.jpg)
Bona Fide Occupational Qualification
Needed if a position purposefully discriminates based on age, race, gender, religion
Examples:◦Male locker room attendant◦Military age limit
![Page 36: Employee Law Challenge](https://reader035.fdocuments.in/reader035/viewer/2022062719/56812fe6550346895d955c7b/html5/thumbnails/36.jpg)
This job required heavy lifting. What is your height & weight?
Legal
Illega
l
0%0%
Is it
leg
al…
1 p
oin
t q
uesti
on
1. Legal2. Illegal