Keeping up with federal employment laws, requirements and guidelines can be a task for any employer. The new year is a good time to update employees on new federal regulations that may pertain to them and update any printed employee manuals. Organizations should review and modify all applicable policies, procedures and forms as necessary.
The following are policy changes that could affect numerous employers.
Pregnancy discriminationNew Equal Employment Opportunity Commission guidelines impact the Pregnancy Discrimination Act, Americans with Disabilities Act and Title VII in four key aspects.
First, discrimination may now be based upon past pregnancies, the potential or intention to become pregnant in the future and the use of contraception or abortion. Second, lactation is now a covered pregnancy-related medical condition.
Third, although pregnancy itself is not a disability under the ADA, impairments related to pregnancy will likely be considered disabilities and require reasonable accommodation. Fourth, to comply with Title VII, a health insurance plan must cover prescription contraceptives in the same manner as prescription drugs, devices and services utilized to prevent the manifestation of medical conditions other than pregnancy.
Severance agreementsThe EEOC issued new guidance regarding severance agreements, emphasizing several notable requirements. The agreement must provide something of value in addition to any existing employee financial entitlements, such as payment for unused vacation at the time of termination. The associate must knowingly and voluntarily waive his right to file suit against his employer for prior acts of discrimination or retaliation. The agreement may not require him to waive future rights to not sue his employer under various federal, state and local laws. The waiver also must be understandable, specifically reference the Age Discrimination in Employment Act and advise him in writing to consult an attorney. The employee must have 21 days to consider the offer or 45 days in the case of a group termination. The company must allow a seven-day period for him to revoke signing the waiver.
LGBTA recent executive order by President Barack Obama protects lesbian, gay, bisexual and transgender employees of federal contractors from discrimination based on sexual orientation or gender identity. The order, No. 13672, amends previous executive order No. 11246, adding sexual orientation and gender to the existing list of protected categories encompassing race, color, religion, sex and national origin.
The new executive order, however, only pertains to federal contractors and federally-assisted construction contractors and subcontractors receiving over $10,000 in annual government business. In response, the Department of Labor issued a directive to clarify that existing agency guidance regarding discrimination on the basis of sex includes discrimination on the basis of gender identity and transgender status.
Order No. 13672 does not permit any additional exclusion besides the one added through executive order No. 13279, by President George W. Bush, that allowed religiously affiliated contractors to choose people of a specific religion when rendering employment decisions.
Executive order No. 11478 issued by President Richard Nixon, and amended by President Bill Clinton through executive order No. 13087, prohibits discrimination against federal employees based upon the protected classes of race, color, religion, sex, national origin, disability, age and sexual orientation. Obama’s order added gender identity to the list.
COBRAUnder the COBRA health insurance law, workers no longer covered by a group health plan may be able to elect COBRA continuation coverage when a qualifying event occurs, such as termination of employment or reduction in hours.
The administrator of the group health plan must provide these individuals with an election notice describing rights to continuation coverage and how to elect coverage through the Consolidated Omnibus Budget Reconciliation Act.
The new model COBRA notices have been revised to discuss the marketplace health coverage alternatives, which may be better than electing COBRA continuation coverage for some people.
Lynne Haggerman, M.S., is president/owner of Lynne Haggerman & Associates LLC, a Springfield firm specializing in management training, retained search, outplacement and human resource consulting. She can be reached at lynne@lynnehaggerman.com.[[In-content Ad]]
