Essentials of Employment Law for the Nurse Manager

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Essentials of Employment Law for the Nurse Manager

• Presented by Eve Logsdon, JD, SPHR
• Legacy Health System

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Laws that Govern Employment
USERRA
HIPAA
National Labor Relations Act
COBRA
Pregnancy Disability Act
Americans with Disabilities Act
Federal Unemployment Tax Act
Occupational Safety Health Act
Title VII of the Civil Rights Act of 1964
Equal Pay Act
Age Discrimination in Employment Act
Fair Labor Standards Act
Immigration Reform Control Act
WARN Act
Family and Medical Leave Act
Civil Rights Act of 1991
ERISA
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Examples of Protected Classes

• Race
• Sex
• National Origin
• Color
• Religion
• Disability
• Age
• Veteran Status

• Union Activity
• Workers Comp Claim
• Leaves of Absence
• Legislative Activity
• Military Service
• and more

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What creates a Protected Class?

• Federal
• Title VII Civil Rights Act of 1964
• Race
• National Origin
• Color
• Sex (includes pregnancy)
• Religion
• Retaliation
• Association with member of a protected class

• Oregon
• ORS
• Race
• Color
• National Origin
• Sex (includes pregnancy)
• Religion
• Retaliation
• Association with a member of a protected class

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• Federal
• USERRA
• For employees serving in the military
• ADEA
• Age 40 and older
• Americans with Disabilities Act (ADA) ADA
  Amendments Act of 2008 (ADAAA)
• Family and Medical Leave Act (FMLA)
• Whistleblower

• Oregon
• Leave to Serve in State-Organized Militia
• Age
• 18 and older (OR)
• Physical or Mental Disability
• Oregon Family Leave Act
• Whistleblower RNs specifically protected

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Avoid Assumptions

• Dont make business decisions based on
  assumptions or stereotypes
• Pregnancy or number of children
• Prior illness or leave of absence
• Current illness / health issue
• Gender
• Age
• Size
• Weight

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Appropriate Decision-Making

• Do make business decisions based on
• Performance
• Experience
• Skills

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Harassment in the Workplace

• What is Harassment?
• What is a Hostile Work Environment?

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Examples of Harassment based on race, religion,
age, sex, national origin, etc.

• Cartoons, pictures, posters that depict a group
  in a derogatory way
• Hostile, intimidating words or conduct jokes,
  slurs
• Exclusion of an individual from fully
  participating in work place activities.

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Sexual Harassment

• Unwelcome sexual advances, requests for sexual
  favors, or other verbal or physical conduct of a
  sexual nature when
• It is a condition of employment
• It is a basis for employment decisions
• It creates a hostile or offensive work environment

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Disability and Religion special
requirements

• Employers are required to engage in an
  interactive dialogue with an employee who
  requests accommodation related to
• Disability (ADA
• ADAAA)
• Religion (Title VII)

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The Americans with Disabilities Act Amendment Act
(ADAAA)

• Expanded the Definition of Disability
• Disregard Mitigating Measures
• Include Conditions in Remission
• Expanded substantially limits
• Restricted regarded as

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The Interactive Process - Disability

• To qualify for accommodation under the ADA, the
  employee must be a qualified individual with a
  disability

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Reasonable Accommodation

• A modification or adjustment that enables a
  person with a disability to perform the essential
  functions of a position.

When does accommodation become unreasonable?
When it would cause the employer undue hardship.
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Are alcoholism or drug addiction considered
disabilities?

• Alcoholism is considered a disability under
  state and federal law, however
• Current use of illegal drugs is not considered a
  disability.
• Company policy may prohibit employees from
• Consuming or having alcohol or illegal drugs on
  company premises
• Coming to work impaired by alcohol or illegal
  drugs

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What to do?

• Unless informed otherwise, assume that all
  employees are perfectly healthy.
• To avoid the risk of regarding the employee as
  having a disability.
• When an employee says they have an impairment,
  assume that the impairment qualifies as a
  disability under the ADAAA.
• Contact your Human Resources Department.
• Meet with the employee to get details about the
  situation and the accommodation the employee is
  seeking.
• Make all reasonable attempts to accommodate the
  employees impairment.

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The Interactive Process - Religion

• Title VII of the Civil Rights Act of 1964
  requires reasonable accommodation of an
  employees sincerely held belief, unless it would
  cause undue hardship (De Minimis standard).

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What is a sincerely held belief?

• A belief that is religious in nature and
  sincerely held.
• Does NOT have to be a traditional or recognized
  religion.

What does De Minimis mean?

• So small or minimal in difference that it does
  not matter or the law does not take it into
  consideration
• Consider
• Business necessity and financial cost
• How many employees can do that job? Is the job
  special or unique?
• What are the effects of accommodation on other
  employees and union contract agreements

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The Interactive Process Dos Donts (ADA
Religion)

• Do
• Contact Human Resources
• Allow the employee to tell you what they want
• Tell the employee that you will look into it and
  get back to them.

• Dont
• Ask disability or religion-related questions at
  job interview
• Keep medical info in employee personnel file
• Provide ongoing informal accommodation
• Diagnose
• Disregard
• Panic

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Wage Hour Laws

• Federal Fair Labor and Standards Act (FLSA) and
  State Laws
• Major provisions include
• Minimum Wage
• Overtime
• Child Labor
• Record keeping
• Oregon Breaks Meal Periods

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Overtime

• The law states that, any time employees are
  suffered or permitted to work, they must be paid.
• Therefore, any time worked, even unauthorized
  overtime, must be paid.
• Employees cannot be allowed to work off the
  clock.

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Preparatory Clean Up Activity

• Time spent preparing equipment or changing into a
  required uniform that cannot be worn to work, is
  paid time.
• Time spend cleaning up after work is also paid
  time.
• You can require that the time be reasonable

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Meals Breaks

• Paid, uninterrupted break away from workstation
  of not less that 10 minutes (Many allow for 15)
  for every segment of four hours (or major part of
  4 hours) worked.
• Unpaid, uninterrupted meal periods of not less
  than 30 minutes to employees who work shifts of 6
  or more hours.

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Questions?

• Eve Logsdon
• elogsdon_at_lhs.org