Monday, October 26, 2015

EEO vs AA

Equal Employment Opportunity requirements

–It’s all about INCLUSIONAnyone QUALIFIED should have access to the candidate pool. Unqualified do not need to be considered
–Use of a NON-DISCRIMINATORY SELECTION PROCESS to compare and determine applicants chosen for placement

Affirmative Action requirements
–It’s all about ASSIMILATION
–ASSURE minority and female REPRESENTTION in all candidate pools
–Follow EEO laws and use a NON-DISCRIMINATORY SELECTION PROCESS
–AVOID PREFERENCES based on race, gender, or any other protected status
–Develop WRITTEN ACTION PLANS to assess problems of underutilization

How to segregate Interns vs employees

Interns are viewed as employees unless below  all six conditions apply

–The internship, generally include actual operations in the office of the employer, but is similar to educational training that would have got in the school environment.
–The intern is not necessarily entitled to a job at the conclusion of the internship
–The work they do is for benefit of theirs not employers.
– The regular employees are not displaced by the Intern. They can work in close supervision of employees.
–The employer providing the training does not get direct benefit and the operations can be stopped.; and
–The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

New Definition of Spouse as per FMLA

On July 2015 the new definition of spouse came in to effect

The residence rule changed to “State of celebration” rule & applies when determining an FMLA-covered spouse now recognized nationally. New rule expressly includes same-sex and common-law marriages including those entered into outside the US