LEGAL CONSIDERATIONS LEGAL CONSIDERATIONS IN THE WORKPLACE: IN THE WORKPLACE: EMPLOYMENT LAWSEMPLOYMENT LAWS

October 2001October 2001

Presented by the Office of the Presented by the Office of the General CounselGeneral Counsel

288-7343288-7343

IntroductionIntroduction

• OGC staff & general areas of practiceOGC staff & general areas of practice• Accessibility for consultationAccessibility for consultation• Protection of confidentiality in questionsProtection of confidentiality in questions• Overview of session - invitation to interruptOverview of session - invitation to interrupt

The Hiring ProcessThe Hiring Process

• Authorization to recruitAuthorization to recruit• Writing the ad-requirements vs. preferencesWriting the ad-requirements vs. preferences• Generating a pool of candidates-affirmative Generating a pool of candidates-affirmative

action; Jesuit preferenceaction; Jesuit preference• Prohibited interview questionsProhibited interview questions• Medical tests and conditional offers of Medical tests and conditional offers of

employmentemployment

The Hiring Process (cont.)The Hiring Process (cont.)

• Background checks-criminal records and Background checks-criminal records and fair credit reporting rulesfair credit reporting rules

• Eligibility to work in the U.S.-Form I-9 and Eligibility to work in the U.S.-Form I-9 and foreign nationalsforeign nationals

• Benefits enrollment-30 days, no exceptionsBenefits enrollment-30 days, no exceptions• Hire the most qualified candidateHire the most qualified candidate

Terms and Conditions of Terms and Conditions of EmploymentEmployment

• Employee Handbook, Faculty Handbook, Employee Handbook, Faculty Handbook, ContractContract

• Job description -- build in flexibilityJob description -- build in flexibility• Supervisor directionSupervisor direction• Collective Bargaining Agreement, if Collective Bargaining Agreement, if

unionizedunionized• Business Policies and ProceduresBusiness Policies and Procedures

Terms and Conditions of Terms and Conditions of Employment (cont.)Employment (cont.)

• Evaluations (e.g., Annual Reviews)Evaluations (e.g., Annual Reviews)• Timely documentation of performance Timely documentation of performance

problems, issuesproblems, issues• Appropriate Appropriate meritmerit raises raises• Exempt vs. Non-Exempt employeesExempt vs. Non-Exempt employees• ADA, FMLA, Workers’ CompensationADA, FMLA, Workers’ Compensation

Terminating an EmployeeTerminating an Employee

• Consultation with OGC & HRConsultation with OGC & HR• Importance of complete written Importance of complete written

documentation of performance problemsdocumentation of performance problems• Importance of reasonable opportunity to Importance of reasonable opportunity to

correct performance problemscorrect performance problems• Termination vs. SeveranceTermination vs. Severance

Terminating an Employee (cont.)Terminating an Employee (cont.)

• Protection of University property/restriction Protection of University property/restriction of access post-terminationof access post-termination

• Notification of HR - cessation of pay & Notification of HR - cessation of pay & benefits/COBRA noticebenefits/COBRA notice

Employment LitigationEmployment Litigation

• Filing with EEOC & ERDFiling with EEOC & ERD• Employer burden of proofEmployer burden of proof• Employee burden of proofEmployee burden of proof• Initial determinationInitial determination• Hearing, appeals, trialHearing, appeals, trial• University defense & indemnification of University defense & indemnification of

employeesemployees

Special TopicsSpecial Topics

• Sexual harassmentSexual harassment• Workplace privacyWorkplace privacy• Employment recordsEmployment records