漂亮实用ppt模板:你想了解的有关法律的一切Everything You Ever Wanted to Know About Employment Law【国外优秀商务ppt模板】.ppt
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1、Everything You Ever Wanted to Know About Employment Law (But Didnt Want to Pay a Lawyer to Ask),Todays Agenda,Official Disclaimer,SMARTEST HR PERSON IN THE UNIVERSE QUIZ SHOW,Smartest HR Person in the Universe QUIZ SHOW,(Source: Fulbright & Jaworski),(Source: EEOC),lawsuits lawsuits lawsuits,$317,03
2、2 (Source: Jury Verdict Research),Smartest HR Person in the Universe QUIZ SHOW,Smartest HR Person in the Universe QUIZ SHOW,lawsuits lawsuits lawsuits,lawsuits lawsuits lawsuits,Smartest HR Person in the Universe QUIZ SHOW,(Sources: Consumer Reports, V, The Wall Street Journal, Challenger, Gray harm
3、on.ie),Smartest HR Person in the Universe QUIZ SHOW,(Sources: WorkForce Software, Harris Interactive, Workplace Power Outage Survey, Sage Software Survey, Urban Mobility Report, Business Week, Families and Work Institute, Centers for Disease Control and Prevention, The New York Times),(Source: Natio
4、nal Safety Council),medical medical medical,Smartest HR Person in the Universe QUIZ SHOW,wage & hour wage & hour wage & hour,Smartest HR Person in the Universe QUIZ SHOW,Smartest HR Person in the Universe QUIZ SHOW,Smartest HR Person in the Universe QUIZ SHOW,(Source: Right Management),Toledo HR Ass
5、ociation,60% of employees intend to pursue new job opportunities as the economy improves,LOVE,STAY OUT OF JAIL TO DO LIST,EMPLOYMENT LAW SING-A-LONG,96,THANK YOU,EMPLOYMENT LAW TOOL BOX,Employment Law TOOL BOX,Alphabet Soup Glossary,AAA = American Arbitration Association ADA = Americans with Disabil
6、ities Act ADEA = Age Discrimination in Employment Act ADR = Alternative Dispute Resolution BFOQ = Bona Fide Occupational Qualification CBA = Collective Bargaining Agreement CDHP = Consumer Driven Health Plan COBRA = Consolidated Omnibus Budget Reconciliation Act DHS = Department of Homeland Security
7、 DOL = Department of Labor DOT = Department of Transportation EAP = Employee Assistance Program EBSA = Employee Benefits Security Administration EEOC = Equal Employment Opportunity Commission EPA = Equal Pay Act EPPA = Employee Polygraph Protection Act ERISA = Employee Retirement Income Security Act
8、 ESOP = Employee Stock Ownership Plan FACTA = Fair & Accurate Credit Transactions Act FCRA = Fair Credit Reporting Act FLSA = Fair Labor Standards Act FMLA = Family and Medical Leave Act,FSA = Flexible Spending Account FTC = Federal Trade Commission HHS = Department of Health & Human Services HIPAA
9、= Health Insurance Portability & Accountability Act I-9 = Employment Eligibility & Verification Form ICE = Immigration & Customs Enforcement IRCA = Immigration Reform and Control Act JAN = Job Accommodation Network NLRA = National Labor Relations Act NLRB = National Labor Relations Board OFCCP = Off
10、ice of Federal Contract Compliance Programs OSHA = Occupational Safety & Health Administration OWBPA = Older Workers Benefit Protection Act PDA = Pregnancy Discrimination Act SOX = Sarbanes-Oxley Act SSA = Social Security Administration ULP = Unfair Labor Practice USCIS = U.S. Citizenship & Immigrat
11、ion Services USERRA = Uniformed Services Employment & Reemployment Rights Act WARN = Worker Adjustment & Restraining Notification Act,Employment Law TOOL BOX,What Employers Are Covered? Those with 15 or more employees Effective Date? 60 days after the publication of the regulations on March 25, 2011
12、. Easier to Establish a Covered “Disability” The ADAAA overturned several Supreme Court decisions that Congress believed interpreted the ADA disability definition too narrowly. The ADAAA expressly states that the definition of “disability” and “regarded as” should be interpreted in favor of broad co
13、verage. Same “Disability” Definition but Broader Interpretation The basic definition of a covered disability remains the same a physical or mental impairment that substantially limits one or more major life activities; a record (or past history) of such an impairment; or being regarded as having a d
14、isability. However, the EEOC stresses that the ADAAA and new regulations are designed to ensure broad interpretation of each of those key terms. Rules of Construction According to the EEOC, the regulations “implement Congress intent to set forth predictable, consistent and workable standards by adop
15、ting rules of construction to use when determining if an individual is substantially limited in performing a major life activity.” Those rules include: “Substantially limits” construed broadly. “Substantially limits” requires a lower degree of functional limitation than the standard previously requi
16、red by courts. A condition need not prevent or significantly restrict a major life activity to be considered “substantially limiting.” Individualized assessment. The determination of whether a condition substantially limits a major life activity requires an individualized assessment, as was true pri
17、or to the ADAAA.,ADAAA Cheat Sheet,Dont consider mitigating measures. With the exception of “ordinary eyeglasses or contact lenses, “without regard to the ameliorative effects of mitigating measures, such as medication or hearing aids.” Do consider episodic or remission conditions. Such conditions a
18、re covered disabilities if they substantially limit a major life activity. No extensive analysis required. The EEOC says that, “in keeping with Congress direction that the primary focus of the ADA is on whether discrimination occurred, the determination of disability should not require extensive ana
19、lysis.” Reasonable Accommodation The regulations clarify that an individual must be covered under the ADAs first prong (“actual disability”) or second prong (“record of disability”) to qualify for reasonable accommodation. Conditions That “Virtually Always Constitute a Disability” The regulations pr
20、ovide examples of conditions that “should easily be concluded to be disabilities,” including bipolar disorder, cancer, diabetes, epilepsy and HIV infection.,ADA Cheat Sheet,What Employers Are Covered? Those with 15 or more employees What Employees Are Eligible? Persons: with a physical or mental imp
21、airment that substantially limits one or more major life activities with a record of such an impairment regarded as having such an impairment Whats Prohibited? Discrimination against individuals with (or perceived to have) disabilities Discrimination based on a persons relationship to a disabled ind
22、ividual Retaliation or harassment for exercising ADA rights What Are “Major Life Activities”? Breathing, seeing, hearing, sitting, standing, walking, learning, caring for oneself, performing manual tasks and working, among other things. Whats Required? Employers must provide a reasonable accommodati
23、on to a disabled individual upon request Whats a “reasonable accommodation?” A modification that allows the person to perform the jobs essential functions An accommodation that would cause “undue hardship” for the employer need not be provided 2008 Manpower Inc. All rights reserved.,What About Drug
24、and Alcohol Users? The ADA protects: Rehabilitated drug users Drug users currently in rehabilitation Alcoholics The employer may still hold the above to the same performance standards as other employees. The ADA does not protect current users of illegal drugs. What are the Potential Penalties? Back
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