Chapter 12 Federal Employment Law (Mortuary Law)

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Federal Employment Law

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In addition to the wage and hour laws, two other federal statutes place substantial regulatory responsibilities on the funeral director in his or her role as employer

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Americans with disabilities act

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Funeral homes that employ 15 or more employees fall under the coverage of the employment related provisions of the ADA.

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Americans with disabilities act

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Funeral homes with less than 15employees are exempt from the ADA's employment related provisions

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Purpose of the ADA

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The purpose of the employment provisions of the ADA is to prohibit employers for discriminating against disabled individuals in all phases of the employment relationship- job application and testing procedures, hiring, advancement, discharge, compensation, and job training

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Purpose of the ADA

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ADA does not establish quotas or preferences. It merely prohibits the employer from considering the fact that an individual is disabled in making certain employment decisions

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Purpose of the ADA

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The employee must be able to perform the essential functions of the job with or without reasonable accommodations

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Disability

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Is any physical or mental impairment that substantially limits one or more life activities, a record of having such an impairment, or being regarded as having such an impairment

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2 steps involved in determining whether an individual is a qualified individual with a disability

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First, this determination concerns whether the individual has the prerequisites for the position to be filled, such as appropriate educational background, employment experience, skills, or licenses

The second determination to be made is whether or not the individual can perform the essential functions of the position with or without reasonable accommodations

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Disability

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The two determinations must be made at the time employer is making the employment decision

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Americans with disabilities act amendment act

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It expanded the category of major life activities to include basic activities such as eating, bending, concentrating, thinking, and communicating. It also added major body function such as cell growth, digestion, and neurological, respiratory and circulatory functions

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Americans with disabilities act amendment act

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An employee can overcome an impairment with medical equipment such as hearing aids, prosthesis, mobility devices, or medication, that does not eliminate that impairment from being regarded as a disability

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Undue Hardship

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The failure to provide reasonable accommodations may be justified where the employer can demonstrate that the accommodation would impose an undue hardship on the operation of it's business

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Undue Hardship

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Whether a reasonable accommodations imposes an undue hardship on an employer must be determined on a case-by-case basis. What is an undue hardship for a small employer may not be an undue hardship for a large scale employer

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11 Factors in determining whether an undue hardship exists

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The nature and cost of the accommodation required,
The overall financial resources of the facility
involved in the provision of the reasonable accommodation,
The number of the persons employed at the facility,
The effect of the reasonable accommodation on expenses and resources,
The impact of the accommodation on the operation of the facility,
The overall resources of the employer,
The overall size of the employer's business with respect to the number of employees,
The number, type and location of its facilities,
The type of operation of the employer, including the composition, structure and function of its workforce,
The geographic separateness of the facility,
The administrative or fiscal relationship of the facility to the employer,

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Undue Hardship

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The concept of undue hardship takes into account not only financial difficulties but any substantial or disruptive interference caused by the accommodation

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Civil rights laws

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Title Vll (7) of the civil rights act of 1964 prohibits discriminatory practices in employment based on race, color, religion, sex, or national origin

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Civil rights laws

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Title Vll of the civil righwas amended in 1978 by the pregnancy discrimination act which makes it unlawful for an employer to discriminate against a pregnant woman in employment decisions

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Coverage of the civil rights laws

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The civil rights act, including the pregnancy discrimination act, applies to all employers have 15 or more employees. The coverage of the ADEA is restricted to employers with 20 or more employees

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Scope of the civil rights laws

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The trio of civil rights laws generally prohibit an employer from basing employment-related decisions on race, color, religion, sex, national origin, pregnancy or age.

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Scope of the civil rights laws

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Prior to 1991, if an employer could show that, although an impermissible factor had entered into and employment decisions, the same decision would have been made based on other permissible factors, then no violation of the civil rights act occurred

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Enforcement

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Title VII of the civil rights act is enforced by the equal employment opportunity commission. The equal employment opportunity commission carries out its mission through a two-step process

mediation
enforcement

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Americans with disabilities act amendment act

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In 2008, Congress enacted the Americans with disabilities act amendment act to roll back restrictions that the supreme court had placed on the definition of a disability