Kristin Ellis Berexa Farrar and Bates LLP

Transcription

1 Kristin Ellis Berexa Farrar and Bates LLP

2 Federal Law State Law Preventing Charges and Lawsuits Responding to Charges and Lawsuits

3 Equal Employment Opportunity Commission Established in 1965 Enforces federal laws prohibiting discrimination against employees and job applicants.

4 Title VII of Civil Rights Act Americans with Disabilities Act Age Discrimination in Employment Act Genetic Information Non-Discrimination Act Pregnancy Discrimination Act Equal Pay Act Rehabilitation Act

5 Title VII Prohibits discrimination based on race, color, national origin, sex, pregnancy, and religion Must have 15 employees or more to be covered employer ADA Title I prohibits employment discrimination based on disability Must have 15 employees or more to be covered ADA Terms Defined ADEA Prohibits discrimination against employees and job applicants aged 40 and over Must have 20 employees or more to be covered

6 Disability - A physical or mental impairment that substantially limits one or more major life activities. Qualified Individual An employee who, with or without reasonable accommodation, can perform the essential functions of the employment. Interactive Process Employer s good faith duty to work with employee to provide reasonable accommodation without undue hardship.

7 Title VII Prohibits discrimination based on race, color, national origin, sex, pregnancy, and religion Must have 15 employees or more to be covered employer ADA Title I prohibits employment discrimination based on disability Must have 15 employees or more to be covered ADEA Prohibits discrimination against employees and job applicants aged 40 and over Must have 20 employees or more to be covered

8 Genetic Information Non-Discrimination Act GINA 2008 Protects individuals from genetic discrimination in employment and health insurance Equal Pay Act EPA Predated Title VII Requires employers to provide male and female employees equal pay for equal work Rehabilitation Act Direct ancestor of ADA Protects against disability Discrimination for federal employees

9 Employee/Complainant has 300 days to file charge from date of last discriminatory act unless it is a continuing violation Within 10 days of charge file date, notice sent to employer Possible mediation Investigation Right to Sue Letter Employee/Complainant has 90 days from receipt of Right to Sue Letter to file lawsuit Once lawsuit filed, 18 months to 2 years for case to get to trial

10 Compensatory Damages (humiliation, embarrassment, mental distress, etc.) $ 50,000 if employees $100,000 if employees $200,000 if employees $300,000 if 500 or more employees Back Pay and Front Pay No Punitive Damages Against Cities

11 FMLA Eligible employees receive up to 12 weeks of unpaid, job protected leave within 12 months Examples: birth of a child, adoption, fostering a child, caring for family member or one s self due to serious medical condition FLSA Fair Labor Standards Act 42 USC 1983 Constitutional Violations Regarding Public Employment

12 THRA Tennessee Human Rights Act TDA Tennessee Disability Act TMLA Tennessee Maternity Leave Act TPPA Tennessee Public Protection Act PEPFA Tennessee Public Employee Political Freedom Act

13 -Functions similarly to the EEOC -Protects employees from discrimination based on race, color, national origin, gender, age, religion and disability -8 or more employees to be covered -If retaliation claim, need only one employee -Must file within 180 days of discriminatory act - Employee can file direct action in state court

14 Back Pay Front Pay Compensatory Damages $25,000 cap if 8-14 employees $50,000 cap if employees $100,000 cap if employees $200,000 cap if employees $300,000 cap if more than 500 employees GTLA caps inapplicable Punitive damages in discriminatory housing practices or malicious harassment

15 A/K/A Whistleblower Statue - Tenn. Code Ann Elements The plaintiff was an employee of the defendant; The plaintiff refused to participate in or remain silent about illegal activity; The defendant employer discharged or terminated the plaintiff s employment; and The defendant terminated the plaintiff s employment solely for the plaintiff s refusal to participate in or remain silent about the alleged activity. Damages Same as under THRA

16 PEPFA - Tenn. Code Ann Unlawful for public employers to discipline, threaten to discipline or discriminate against an employee because the employee communicated with an elected official The communication must be a substantial or motivating factor in bringing about the discrimination Damages may be trebled and include attorney fees

17 Good Hiring Practices Legally Compliant Applications Good Employer Employee Relations Policies Training Access to HR Well-Handled Internal Complaint

18 Notify The Pool Appointment of Pool Counsel Respond to Open Records Act Requests Initiate Litigation Hold Mediation Investigation Preparing Response or Answer