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So Now you have a job… What are your rights?

So Now you have a job… What are your rights?. A BRIEF overview of employment rights for Oregon teachers By Alyssa Tormala. A Disclaimer:.

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So Now you have a job… What are your rights?

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  1. So Now you have a job…What are your rights? A BRIEFoverview of employment rights for Oregon teachers By Alyssa Tormala

  2. A Disclaimer: I am an inactive attorney (now high school teacher) who practiced employment law for six years before changing careers. I created this presentation for informational purposes only. It is not intended as legal advice of any kind. If you have a specific question or believe you have a legal claim related to your employment, seek advice from the appropriate agency or from an attorney. Also, please be aware that employment law changes frequently. This presentation contains material that was, to my knowledge, accurate as of the day it was created, but I cannot guarantee its accuracy in the future. --Alyssa Tormala, March 2010

  3. Federal vs. State Laws Employment rights arise under both state and federal laws. Sometimes those laws are similar. Sometimes they are not. Oregon is a fairly progressive state, so actually has greater protections in most areas of employment law than are provided under federal law. • Higher minimum wage • Greater leave protections • More protected status categories

  4. Unlawful discrimination (federal) Federal law prohibits employment decisions (hiring/firing, discipline, suspension, promotions/demotions, etc.) and harassment based on: • Race, color, national origin (Title VII) • Sex (Title VII) • Religion or creed (Title VII) • Age if you are over 40 (ADEA) • Disability, record of disability, or being regarded as having a disability (ADA) • Veteran status or taking leave for military service (USERRA) • Use or planned use of FMLA leave (FMLA) • Participating in union activities or engaging in protected concerted activities (NLRA)

  5. Unlawful discrimination (Oregon) Oregon law prohibits employment decisions and harassment based on: • Race, color, national origin, sex, religion or creed, age (over 18), sexual orientation, gender identity, marital status, injured workers (ORS Ch. 659A) • Disability, record of disability, or being regarded as having a disability (ORS Ch. 659A) • Use or planned use of OFLA leave (OFLA) • Participating in union activities or engaging in protected concerted activities (PECBA) • Jury duty or witness testimony • Leave to serve in the military; spouse’s leave to care for member of the military (ORS Ch. 659A) • A bunch of other miscellaneous categories (see http://www.boli.state.or.us/BOLI/TA/T_FAQ_Protected_Classes_Chart_2008.pdfif you want to know more).

  6. WHAT Is harassment? Harassment is defined under both federal and Oregon law as conduct that is: • Unwelcome • Based on a status protected by applicable law • A tangible employment action (hiring/firing, etc.) OR behavior that is sufficiently severe and/or pervasive to interfere with work performance or that creates a hostile work environment. A hostile work environment is: • An environment in which a pattern of offensive behavior (based on a protected status) is involved.

  7. What is harassment? • Examples of behavior that may constitute unlawful harassment: • Requests or demands for sexual activity in exchange for some tangible employment action (hiring/firing, etc.) • Unwelcome physical touching of any kind. • Use of derogatory terms or gestures, based on any protected status, whether in person or online (email, websites, etc.) • Inappropriate or offensive visuals (e.g., calendars, porn websites or screensavers, graffiti, etc.)

  8. Your rights under the Ada The Americans with Disabilities Act of 1990 and Oregon Disability Laws (ORS Ch. 659A) provide two basic rights: • An employer cannot discriminate against or harass you because you have a disability • An employer must provide reasonable accommodation to you, unless it would create an undue hardship on the employer

  9. Definition of disability A person with a disability is an individual who: • Has a physical or mental condition that substantially limits one or more major life activities; • Has a record of having such a disability; or • Is regarded as having such a disability (whether the person actually has one or not) Major life activities include (but are not limited to): • Walking, talking, speaking, hearing, reading, bending, communicating, etc. • Functions of the digestive, immune, bladder, bowel, reproductive, circulatory, etc.

  10. Reasonable accommodation A “qualified individual with a disability” is someone who can perform the essential functions of the job with or without accommodation. The type of accommodation needed depends on the facts in a given situation. There are three main types: • changes to the job application process, • changes to the work environment or procedures, and • changes to enable the employee to enjoy equal privileges and benefits.

  11. Reasonable accommodation Examples of possible reasonable accommodations: • Changes to the physical work environment (ramps, furniture, handicap access bathrooms, etc.) • Job restructuring (work at home, changes to schedules, part-time work, short shifts, etc.) • Unpaid leave for medical purposes • Changes to workplace policies (allowing service animals, prohibiting fresh flowers, etc.) • Reassignment of non-essential functions of the job to other positions • Changes to training programs or environments

  12. FMLA and OFLA: Family leave OFLA and FMLA provide up to 12 weeks of unpaid leave (maybe more in some cases) for the following purposes: • For your own serious health condition, including pregnancy-related medical conditions (both) • To care for a spouse, child, or parent with a serious health condition (FMLA) • To care for a same-sex domestic partner, parent-in-law, grandparent or grandchild with a serious health condition (OFLA) • To care for a newly born, newly adopted, or newly fostered child (both) • To care for a sick, but not seriously ill, child (OFLA)

  13. FMLA and OFLA: Family leave Toqualify for FMLA/OFLA leave you must work for an employer that is required to comply with those laws, and you must meet certain requirements about the length of your employment. Both FMLA and OFLA contain notification and posting requirements for employers. They also prohibit discrimination against employees using FMLA/OFLA leave.

  14. New military leave rules Recent changes to FMLA and OFLA now also provide additional leave for members of the armed services and certain family members. For more information on this, check out www.boli.state.or.us.

  15. OFLA: Issues for Teachers • Schools may require teachers to take more leave than necessary when the period of leave will begin within five weeks before the end of the school term. • If the teacher would be on leave for more than 20% of the total working days for the applicable period, the school can require the teacher to take shorter chunks of leave or transfer to temporarily transfer to an alternative position.

  16. FMLA and OFLA: QUirks FMLA and OFLA don’t always say the same thing. Figuring out your rights in a particular situation can get complicated. And since the laws change frequently, so might your rights. For more information, check out the Oregon BOLI and federal DOL websites (see last slide).

  17. Unions and Collective bargaining agreements Most public school districts in Oregon are unionized. This means that in addition to employment laws, you may be covered under a collective bargaining agreement (CBA). • This is an agreement that is usually renegotiated between the school and the union every few years. • It usually covers all manner of employment issues, including wages, promotions, transfers, discipline, etc. • It ALSO includes requirements regarding how complaints or alleged violations of the agreement must be handled. Usually this takes the form of a dispute resolutionprocess: e.g., informal decision at supervisor level, formal decision by administration, arbitration.

  18. Unions and Collective Bargaining Agreements • An employer is requiredby law to abide by the agreement. If you have a complaint or believe the CBA has been violated, you are supposed to report it to your union representative. • Every CBA is different! And it may change over time as negotiated by the parties.

  19. Resources For more information about employment rights: • Oregon discrimination, wage and leave laws: Oregon Bureau of Labor and Industries (BOLI): www.boli.state.or.us • Federal discrimination laws: Equal Employment Opportunity Commission (EEOC): www.eeoc.gov • Federal wage and leave laws: federal Department of Labor (DOL): www.dol.gov • Oregon collective bargaining laws: Employment Relations Board: http://www.oregon.gov/ERB/index.shtml

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