TASB Superintendent Secretary
Training Conference
October 13–14, 2011, or
TASB Headquarters
Austin, Texas
Registration fees waived for attendees
from school districts and ESCs!
Register now at tasb.org/training/
events/ secretary.aspx.
Call 800.580.8272 for information.
Federal Work-Site Postings for Texas Public Employers
Equal Employment Opportunity Is THE LAW Employee Rights and Responsibilities
Under the Family and Medical Leave Act
RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN
Executive Order 11246, as amended, prohibits job discrimination
on the basisof race, color, religion, sex, or national origin, and
requires affirmative action to ensure equality of opportunity in all
aspects of employment.
INDIVIDUALS WITH DISABILITIES
Section 503 of the Rehabilitation Act of 1973, as amended, protects
qualified individuals from discrimination on the basis of disability
in hiring, promotion, discharge, pay, fringe benefits, job training,
classification, referral, and other aspects of employment. Disability
discrimination includes not making reasonable accommodation to
the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee,
barring undue hardship. Section 503 also requires that Federal
contractors take affirmative action to employ and advance in
employment qualified individuals with disabilities at all levels
of employment, including the executive level.
RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN
Title VII of the Civil Rights Act of 1964, as amended, protects
applicants and employees from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification,
referral, and other aspects of employment, on the basis ofrace,
color, religion, sex (including pregnancy), or national origin.
Religious discrimination includes failing to reasonably accommodate an employee’s religious practices where the accommodation does not impose undue hardship.
Basic Leave Entitlement
Private Employers, State and Local Govern-
ments, Educational Institutions, Employ-
ment Agencies and Labor Organizations
An employee does not need to use this leave entitlement in one
block. Leave can be taken intermittently or on a reduced leave
schedule when medically necessary. Employees must make rea-
sonable effortsto schedule leave for planned medical treatment so
as not to unduly disrupt the employer’s operations. Leave due to
qualifying exigencies may also be taken on an intermittent basis.
Employees may choose or employers may require use of accrued
paid leave while taking FMLA leave. In order to use paid leave
for FMLA leave, employees must comply with the employer’s
normal paid leave policies.
FMLA requires covered employers to provide up to 12weeks
of unpaid, job-protected leave to eligible employees for the
following reasons:
Applicants to and employees of most private employers, state
and local governments, educational institutions, employment
agencies and labor organizations are protected under Federal
law from discrimination on the following bases:
• For incapacity due to pregnancy, prenatal medical care or
child birth;
Substitution of Paid Leave for Unpaid Leave
• To care for the employee’s child after birth, or placement for
adoption or foster care;
Employee Responsibilities
DISABILITY
DISABLED, RECENTLY SEPARATED, OTHER
PROTECTED, AND ARMED FORCES SERVICE
MEDAL VETERANS
• To care for the employee’s spouse, son or daughter, or parent,
who has a serious health condition; or
Title I and Title V of the Americans with Disabilities Act of 1990,
as amended, protect qualified individuals from discrimination on
the basis of disability in hiring, promotion, discharge, pay, fringe
benefits, job training, classification, referral, and other aspects
of employment. Disability discrimination includes not making
reasonable accommodation to the known physical or mental
limitations of an otherwise qualified individual with a disability
who is an applicant or employee, barring undue hardship.
• For a serious health condition that makes the employee unable
to perform the employee’s job.
Military Family Leave Entitlements
Employees must provide 30 days advance notice of the need to
take FMLA leave when the need is foreseeable. When 30 days
notice is not possible, the employee must provide notice as soon
as practicable and generally must comply with an employer’s
normal call-in procedures.
AGE
The Age Discrimination in Employment Act of 1967, as
amended, protects applicants and employees 40 years of age or
older from discrimination based onage in hiring, promotion,
discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment.
Eligible employees with a spouse, son, daughter, or parent on active
duty or call to active duty status in the National Guard or Reserves
in support of a contingency operation may use their 12-week leave
entitlement to address certain qualifying exigencies. Qualifying
exigencies may include attending certain military events, arranging
for alternative childcare, addressing certain financial and legal
arrangements, attending certain counseling sessions, and attending
post-deployment reintegration briefings.
SEX (WAGES)
The Vietnam Era Veterans’ Readjustment Assistance Act of 1974,
as amended, 38 U.S.C. 4212, prohibits job discrimination and
requires affirmative action to employ and advance in employment
disabled veterans, recently separatedveterans (within three years
of discharge or release from active duty), other protected veterans
(veterans who served during a war or in a campaign or expedition
for which a campaign badge has been authorized), and Armed
Forces service medal veterans (veterans who, while on active
duty, participated in a U.S. military operation for which an Armed
Forces service medal was awarded).
RETALIATION
Employees must provide sufficient information for the employer
to determine if the leave mayqualify for FMLA protection
and the anticipatedtiming and duration of the leave. Sufficient
information may include that the employee is unable to perform
job functions, the family member is unable to perform daily
activities, the need for hospitalization or continuing treatment by
a health care provider, or circumstances supporting the need for
military family leave. Employees also must inform the employer
if the requested leave is for a reason for which FMLA leave was
previously taken or certified. Employees also may be required to
provide a certification and periodic recertification supporting the
need for leave.
In addition to sex discrimination prohibited by Title VII of the
Civil Rights Act, as amended, the Equal Pay Act of 1963, as
amended, prohibits sex discrimination in the payment of wages
to women and men performing substantially equal work, in jobs
that require equal skill, effort, and responsibility, under similar
working conditions, in the same establishment.
FMLA also includes a special leave entitlement that permits
eligible employees to take up to 26 weeks of leave to care for a
covered servicemember during a single 12-month period. A
covered servicemember is a current member of the Armed Forces,
including a member of the National Guard or Reserves, who has
a serious injury or illness incurred in the line of dutyon active
duty that may render the servicemember medically unfit to
perform his or her duties for which the servicemember is
undergoing medical treatment, recuperation, or therapy; or is
in outpatient status; or is on the temporary disability retired list.
Employer Responsibilities
GENETICS
Retaliation is prohibited against a person who files a complaint of
discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination under these Federal laws.
Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under the authorities
above should contact immediately:
The Office of Federal Contract Compliance Programs (OFCCP),
U.S. Department of Labor, 200 Constitution Avenue, N.W.,
Washington, D.C. 20210, 1-800-397-6251 (toll-free) or (202)
693-1337 (TTY). OFCCP may also be contacted by e-mail at
OFCCP-Public@dol.gov, or by calling an OFCCP regional or
district office, listed in most telephone directories under U.S.
Government, Department of Labor.
Title II of the Genetic Information Nondiscrimination Act of
2008 protects applicants and employees from discrimination
based on genetic information in hiring, promotion, discharge,
pay, fringe benefits, job training, classification, referral, and
other aspects of employment. GINA also restricts employers’
acquisition of genetic information and strictly limits disclosure
of genetic information. Genetic information includes information about genetic tests of applicants, employees, or their family
members; the manifestation of diseases or disorders in family
members (family medical history); and requests for or receipt
of genetic services by applicants, employees, or their family
members.
Benefits and Protections
During FMLA leave, the employer must maintain the employee’s
health coverage under any “group health plan” on the same terms
as if the employee had continued to work. Upon return from
FMLA leave, most employees must be restored to their original
or equivalent positions with equivalent pay, benefits, and other
employment terms.
Use of FMLA leave cannot result in the loss of any employment
benefit that accrued prior to the start of an employee’s leave.
Employees are eligible if they have worked for a covered
employer for at least one year, for 1,250 hours over the previous
12 months, and if at least 50 employees are employed by the
employer within 75 miles.
Eligibility Requirements
RETALIATION
Programs or Activities Receiving Federal
Financial Assistance
Covered employers must inform employees requesting leave
whether they are eligible under FMLA. If they are, the notice
must specify any additional information required as well as the
employees’ rights and responsibilities. If they are not eligible,
the employer must provide a reason for the ineligibility.
Covered employers must inform employees if leave will be
designated as FMLA-protected and the amount of leave counted
against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must
notify the employee.
Unlawful Acts by Employers
RACE, COLOR, NATIONAL ORIGIN, SEX
FMLA makes it unlawful for any employer to:
• Interfere with, restrain, or deny the exercise of any right
provided under FMLA;
• Discharge or discriminate against any person for opposing any
practice made unlawful by FMLA or for involvement in any
proceeding under or relating to FMLA.
All of these Federal laws prohibit covered entities from retaliating against a person who files a charge of discrimination, participates in a discrimination proceeding, or otherwise opposes an
unlawful employment practice.
Definition of Serious Health Condition
Enforcement
WHAT TO DO IF YOU BELIEVE DISCRIMINATION
HAS OCCURRED
In addition to the protections of Title VII of the Civil Rights Act
of 1964, as amended, Title VI of the Civil Rights Act of 1964, as
amended, prohibits discrimination on the basis of race, color or
national origin in programs or activities receiving Federal financial assistance. Employment discrimination is covered by Title VI
if the primary objective of the financial assistance is provision of
employment,or where employment discrimination causes or may
cause discrimination in providing services under such programs.
Title IX of the Education Amendments of 1972 prohibits employment discrimination on the basis of sex in educational programs
or activities which receive Federal financial assistance.
INDIVIDUALS WITH DISABILITIES
A serious health condition is an illness, injury, impairment, or
physical or mental condition that involves either an overnight
stay in a medical care facility, or continuing treatment by a
health care provider for a condition that either prevents the
employee from performing the functions of the employee’s job,
or prevents the qualified family member from participating in
school or other daily activities.
Subject to certain conditions, the continuing treatment requirement
may be met by a period of incapacity of more than 3 consecutive
calendar days combined with at least two visits to a health care
provider or one visit and a regimen of continuing treatment, or
incapacity due to pregnancy, or incapacity due to a chronic condition.
Other conditions may meet the definition of continuing treatment.
Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of disability in any
program or activity which receives Federal financial assistance.
Discrimination is prohibited in all aspects of employment against
persons with disabilities who, with or without reasonable accommodation, can perform the essential functions of the job.
There are strict time limits for filing charges of employment
discrimination. To preserve the ability of EEOC to act on your
behalf and to protect your right to file a private lawsuit, should
you ultimately need to, you should contact EEOC promptly when
discrimination is suspected:
The U.S. Equal Employment Opportunity Commission (EEOC),
1-800-669-4000 (toll-free) or 1-800-669-6820(toll-free TTY
number for individuals with hearing impairments). EEOC field
office information is available at www.eeoc.gov or in most telephone directories in the U.S. Government or Federal Government
section. Additional information about EEOC, including information about charge filing, is available at www.eeoc.gov.
Employers Holding Federal Contracts or
Use of Leave
An employee may file a complaint with the U. S. Department of
Labor or may bring a private lawsuit against an employer.
FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining
agreement which provides greater family or medical leave rights.
FMLA section 109 ( 29 U.S.C. § 2619) requires FMLA covered
employers topost the text of this notice. Regulations 29
C.F.R. § 825.300(a) may require additional disclosures.
If you believe you have been discriminated against in a program
of any institution which receives Federal financial assistance, you
should immediately contact the Federal agency providing such
assistance.
For additional information:
1-866-4US-WAGE (1-866-487-9243)
TTY: 1-877-889-5627
www.wagehour.dol.gov
U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
WHDPublication1420
Revised January2009
Subcontracts
The Uniformed Services Employment and Reemployment Rights Act
EEOC 9/02 and OFCCP 8/08 Versions Usable With 11/09
Supplement
EEOC-P/E-1 (Revised 11/09)
Applicants to and employees of companies with a Federal government contract or subcontract are protected under Federal law
from discrimination on the following bases:
Your Rights under USERRA
Health Insurance Protection
• If you leave your job to perform military service, you have
the right to elect to continue your existing employer-based
health plan coverage for you and your dependents for up to 24
months while in the military.
Employee Rights under the Fair Labor Standards Act
Overtime Pay
USERRA protects the job rights of individuals who voluntarily
or involuntarily leave employment positions to undertake
military service or certain types of service in the National
Disaster Medical System. USERRA also prohibits employers
from discriminating against past and present members of the
uniformed services and applicants to the uniformed services.
You have the right to be reemployed in your civilian job if you
leave that job to perform service in the uniformed service and:
Reemployment Rights
• Even if you don’t elect to continue coverage during your
military service, you have the right to be reinstated in your
employer’s health plan when you are reemployed, generally
without any waiting periods or exclusions (e.g., preexisting
condition exclusions) except for service-connected illnesses
or injuries.
At least 1½ times your regular rate of pay for all hours worked
over 40 in a workweek.
Enforcement
Youth Employment
Enforcement
The Department of Labor may recover back wages either administratively or through court action, for the employees that have been
underpaid in violation of the law. Violations may result in civil or
criminal action.
• Youensurethat your employer receives advance writtenor
verbal notice of your service;
• Youhavefiveyearsorlessofcumulativeserviceintheuni-formed services while with that particular employer;
$7.25
No more than
Civil money penalties of up to $11,000 per violation may be
assessed against employers who violate the youth employment
provisions of the law and up to $1,100 per violation against
employers who willfully or repeatedly violate the minimum wage
or overtime pay provisions. This law prohibits discriminating
against or discharging workers who file a complaint or participate
in any proceedings under the Act.
The United States Department of Labor Wage and
Hour Division
• The U.S. Department of Labor, Veterans Employment and
Training Service (VETS) is authorized to investigate and
resolve complaints of USERRA violations.
An employee must be at least 16 years old to work in most
non-farm jobs and at least 18 to work in non-farm jobs declared
hazardous by the Secretary of Labor.
Additional Information
Federal Minimum Wage
• You return to work or apply for reemployment in a timely
manner after conclusion of service; and
per hour beginning July 24, 2009
• Certainoccupationsandestablishments are exemptfromthe
minimum wage and/or overtime pay provisions.
Youths 14 and 15 years old may work outside school hours in
various non-manufacturing, non-mining, non-hazardous jobs
under the following conditions:
• For assistance infiling a complaint, or for anyother informa-
tion on USERRA, contact VE TS at 1-866-4-USA-DOL or
visit its Web site at www.dol.gov/vets. An interactive online
USERRA Advisor can be viewed at www.dol.gov/elaws/
userra.htm.
• Youhave not beenseparated fromservice witha disqualifying
discharge or under other than honorable conditions.
If you are eligible to be reemployed, you must be restored to the
job and benefits you would have attained if you had not been
absent due to military service or, in some cases, a comparable job.
Ifyou:
Right to Be Free from Discrimination
and Retaliation
• Any lawenforcement or fire protectionemployee whoin any
workweek is employed by a public agency employing less
than 5 employees in law enforcement or fire protection activities is exempt from the overtime pay provisions.
• 3 hours on a school day or 18 hours in a school week;
• 8hoursonanon-schooldayor40
hoursinanon-school week.
• Special provisionsapplyto workers in American Samoa and
the Commonwealth of the Northern Mariana Islands.
• If you file a complaint with VE TS and VE TS is unable to
resolve it, you may request that your case be referred to the
Department of Justice or the Office of Special Counsel, as
applicable, for representation.
Also, work may not begin before 7 a.m. or end after 7 p.m.,
except from June 1 through Labor Day, when evening hours
are extended to 9 p.m. Different rules apply in agricultural
employment. For more information, visit the YouthRules! Web
site at www.youthrules.gov.
• Some state laws provide greater employee protections;
employers must comply with both.
• The law requires employers to display this poster where
employees can readily see it.
Compensatory Time
• Are a past or present member of the uniformed service;
• Have applied for membership in the uniformed service; or
Employees may receive compensatory time off instead of cash
overtime pay, at a rate of not less than 1½ hours for each over-
time hour worked, where provided pursuant to an agreement or
understanding that meets the requirements of the Act.
• Are obligated to serve in the uniformed service;
then an employer may not deny you any of the following because
of this status:
• Initialemployment;
• Employees under 20 years of age may be paid $4.25 per hour
during their first 90 consecutive calendar days of employment
with an employer.
• Reemployment;
• Retentioninemployment;
• Certain full-time students, studentlearners, apprentices, and
workers with disabilities may be paid less than the minimum wage
under special certificates issued by the Department of Labor.
• You may also bypass the VE TS process and bring a civil
action against an employer for violations of USERRA.
The rights listed here may vary depending on the circumstances.
The text of this notice was prepared by VETS, and may be viewed
on the Internet at www.dol.gov/vets/programs/userra/poster.htm.
Federal law requires employers to notify employees of their rights
under USERRA, and employers may meet this requirement by
displaying the text of this notice where they customarily place
notices for employees.
U.S. Department of Labor
For additional information:
• Promotion;or
• Any benefit of employment.
In addition, an employer may not retaliate against anyone
assisting in the enforcement of USERRA rights, including
testifying or making a statement in connection with a proceeding
under USERRA, even if that person has no service connection.
1-866-4-USWAGE • (1-866-487-9243)
Veterans Employment and Training Service
1-866-487-2365
TTY: 1-877-889-5627 • www.wagehour.dol.gov
U.S. Department of Labor Employment Standards Administration
U.S. Department of Justice
Wage and Hour Division
Office of Special Counsel
Revised January 2009
Employer Support of the Guard and Reserve
1-800-336-4590
Publication Date—July 2008
39906-0611
Order Your Work-Site
Posters with GINA and
ADAAA Updates
The work-site posters offered by HR Services
are designed to meet the needs of Texas public
schools. The posters make it easy for districts
to post only the required federal and state
notices that pertain to government employees
and entities. Discounts are available for bulk
orders.
To order, go to tasb.org/store or call
TASB Communications, 800.580.8272,
extension 2290.
