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Learn about affirmative action, COBRA, WARN, Immigration Reform, USERRA laws that impact employment practices for federal contractors and organizations. Stay compliant, protect employee rights, and understand key regulations.
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Affirmative Action • Executive Order 11246–1965. • Applies to federal agencies and federal contractors. • Requires employers to take positive steps to ensure equal opportunity employment of applicants. • Requires equal opportunity treatment of employees. ©SHRM 2008
Affirmative Action • AAP – Workers must be employed in proportion to their representation in the organization’s relevant labor market. • An AAP may be in place in an attempt to correct past discrimination. ©SHRM 2008
COBRA – 1985 • Consolidated Omnibus Budget Reconciliation Act (COBRA). • Applies to organizations with 20 or more employees. • Provides option of continued health insurance coverage to terminated employees. • Termination must be a qualifying event. ©SHRM 2008
WARN – 1988 • Worker Adjustment and Retraining Notification Act (WARN). • Requires 60 days notice in the event of a mass layoff or plant closing. • Notice to public agencies and unions. • Applies to employers with 100 or more employees. ©SHRM 2008
Immigration Reform and Control Act (IRCA) of 1986 • Two purposes of IRCA: • Curtail the flow of illegal immigrants coming into the United States seeking employment. • Prohibits discrimination against job applicants on the basis of national origin or citizenship. ©SHRM 2008
Immigration Reform and Control Act (IRCA) of 1986 • Requires new employees to verify proof of identity and proof of right to work in the U.S. • Requires I-9 form within three days of hire. • Provides penalties for employers hiring illegal workers. ©SHRM 2008
USERRA – 1994 • Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994. • Provides employment protection to reservists and National Guard members called into active duty. • Applies to virtually all employers regardless of size. ©SHRM 2008
USERRA – 1994 • Escalator Principle: • Reemployment in the same job position that would have been reasonably attained if not for absence due to military service. • Protection from being penalized as a result of time spent in active duty. ©SHRM 2008