Legal Literacy for Supervisors Risk Research Bulletin, January 2008

Introduction The Goal of Legal Literacy – Overview of employment laws that generate the most UE claims Understand how to handle basic legal situations Recognize when to get help from HR or legal counsel

Discrimination Unlawful discrimination – treating one person differently from another because of a legally protected characteristic Federal laws prohibit discrimination based on race, sex, age, disability, religion, color, and national origin Many state laws go further

Harassment Harassment is unlawful and can be based on any legally protected characteristic Sexual harassment most common –Quid pro quo –Hostile environment Supervisors must prevent and remedy all forms of unlawful harassment

Harassment If supervisor witnesses harassment -- must take immediate action to prevent recurrence and discipline harasser If supervisor receives harassment complaint – must ensure situation is investigated and handled properly

Americans with Disabilities Act (ADA) Must provide “reasonable accommodations” to disabled employees who are “otherwise qualified” Supervisors should not offer accommodations unless employees request them Supervisors should not state or write that an employee is disabled unless the institution has formally determined that the person is disabled

Family and Medical Leave Act (FMLA) Allows up to 12 weeks of unpaid leave in a 12- month period for following reasons: –birth and care of employee’s newborn child –placement of adopted or foster child with employee –care of an immediate family member with serious health condition –employee’s serious health condition that makes him unable to work Supervisors should notify HR when employee could be eligible for or misusing FMLA leave

Religious Accommodation Must accommodate employees with sincerely held religious beliefs that conflict with work responsibilities unless accommodation would result in undue hardship Most common issue – workers whose religion prohibits them from working on their Sabbath Another common issue – employees whose religious dress or personal appearance conflicts with employer’s dress code

Retaliation Retaliation against employee engaged in protected activity is prohibited Examples of protected activity: –Complaining of discrimination or harassment –Serving as witness on behalf of someone alleging harassment –Taking FMLA leave –Reporting financial fraud, research misconduct, or other legal violations Retaliation can occur even if underlying complaint is not proved

Hiring Supervisor must focus on applicant’s qualifications; usually can’t consider legally protected characteristics Affirmative action is a special hiring challenge –Legal to broaden applicant pool by encouraging applications from underrepresented groups –Actual hiring decision should be based on applicant’s qualifications unless closely supervised by legal counsel

Termination of Employees Most lawsuits arise out of terminations Employment-at-will doctrine – can fire employee at any time for any reason Numerous exceptions have eroded the doctrine Supervisors must know state laws and involve HR before terminating an employee

Essential Supervisory Practices 1. Use HR as a resource. 2. Document employee performance problems. 3. Conduct accurate performance evaluations. 4. Use progressive discipline. 5. Watch what you say.

For UE Members For a copy of “Legal Literacy for Supervisors,” Risk Research Bulletin, January 2008, go to For risk management technical advice and assistance,