LEGAL CONSIDERATIONS IN THE WORKPLACE: EMPLOYMENT LAWS October 2001 Presented by the Office of the General Counsel

Introduction OGC staff & general areas of practice OGC staff & general areas of practice Accessibility for consultation Accessibility for consultation Protection of confidentiality in questions Protection of confidentiality in questions Overview of session - invitation to interrupt Overview of session - invitation to interrupt

The Hiring Process Authorization to recruit Authorization to recruit Writing the ad-requirements vs. preferences Writing the ad-requirements vs. preferences Generating a pool of candidates-affirmative action; Jesuit preference Generating a pool of candidates-affirmative action; Jesuit preference Prohibited interview questions Prohibited interview questions Medical tests and conditional offers of employment Medical tests and conditional offers of employment

The Hiring Process (cont.) Background checks-criminal records and fair credit reporting rules Background checks-criminal records and fair credit reporting rules Eligibility to work in the U.S.-Form I-9 and foreign nationals Eligibility to work in the U.S.-Form I-9 and foreign nationals Benefits enrollment-30 days, no exceptions Benefits enrollment-30 days, no exceptions Hire the most qualified candidate Hire the most qualified candidate

Terms and Conditions of Employment Employee Handbook, Faculty Handbook, Contract Employee Handbook, Faculty Handbook, Contract Job description -- build in flexibility Job description -- build in flexibility Supervisor direction Supervisor direction Collective Bargaining Agreement, if unionized Collective Bargaining Agreement, if unionized Business Policies and Procedures Business Policies and Procedures

Terms and Conditions of Employment (cont.) Evaluations (e.g., Annual Reviews) Evaluations (e.g., Annual Reviews) Timely documentation of performance problems, issues Timely documentation of performance problems, issues Appropriate merit raises Appropriate merit raises Exempt vs. Non-Exempt employees Exempt vs. Non-Exempt employees ADA, FMLA, Workers’ Compensation ADA, FMLA, Workers’ Compensation

Terminating an Employee Consultation with OGC & HR Consultation with OGC & HR Importance of complete written documentation of performance problems Importance of complete written documentation of performance problems Importance of reasonable opportunity to correct performance problems Importance of reasonable opportunity to correct performance problems Termination vs. Severance Termination vs. Severance

Terminating an Employee (cont.) Protection of University property/restriction of access post-termination Protection of University property/restriction of access post-termination Notification of HR - cessation of pay & benefits/COBRA notice Notification of HR - cessation of pay & benefits/COBRA notice

Employment Litigation Filing with EEOC & ERD Filing with EEOC & ERD Employer burden of proof Employer burden of proof Employee burden of proof Employee burden of proof Initial determination Initial determination Hearing, appeals, trial Hearing, appeals, trial University defense & indemnification of employees University defense & indemnification of employees

Special Topics Sexual harassment Sexual harassment Workplace privacy Workplace privacy Employment records Employment records