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May 21, 2012
Legal Summaries

Contact:

Robert Zordan, Director
(518) 862-4910, rzordan@gw.neric.org

900 Watervliet-Shaker Road, Suite 102
Albany, NY 12205

 

Capital Region BOCES is required to follow many federal and state laws, including the following. If you have questions or feel your rights have in any way been violated, please contact your supervisor and/or Director of Human Resources Robert Zordan at (518) 862-4910.

 

Note, many BOCES Board of Education policies also pertain to these and other personnel topics.

 

Age Discrimination in Employment Act (ADEA)

An individual’s age how young or old the person is can have no bearing on BOCES' decision to hire or promote. More details (PDF)

 

Americans with Disabilities Act (ADA)

BOCES’ hiring or promotion policies can’t discriminate against individuals who suffer from disabilities. Moreover, the organization must be willing to take reasonable steps in the workplace to accommodate the special needs of otherwise disabled applicants and employees. More details (PDF)

 

Civil Rights Act (Title VII)

An individual’s race, color, sex, religion, sexual orientation, national origin can have no bearing on any BOCES decision regarding hiring, compensation, promotion, or dismissal. More details (PDF)

 

Civil Rights Act of 1991

Gives employees who believe that they have been intentionally victimized by discrimination the right to seek compensation and damages before a jury.

Consolidated Omnibus Budget Reconciliation Act (COBRA)

Most employees covered by BOCES group health-insurance plan who then leave the BOCES can retain medical coverage under the plan at their own expense for up to 18 months after they leave.

 

Employee Retirement Income Security Act (ERISA)

Any pension and retirement program that BOCES offers must include safeguards to ensure that employees receive what they’re entitled to. This regulation also states that any employer is not permitted to show favoritism to employees based on the salary.

 

Equal Employment Opportunity (EEO)

BOCES cannot discriminate on the basis of race, color, national origin, creed, sex, age or handicap as defined by law. More details (PDF)

 

Fair Labor Standards Act (FLSA)

Sets minimum wage standards, overtime rates, and other salary-related regulations for any company that engages in interstate commerce.

 

Family and Medical Leave Act (FMLA)

Employees faced with a critical family responsibility the birth or adoption of a child, their own serious illness, or the illness of a member of his/her immediate family are entitled to up to 12 weeks of unpaid leave during any 12 month period. The employee’s job and benefits are protected during this period. More details (PDF)

 

Family Educational Rights and Privacy Act (FERPA)

FERPA is a federal law that protects the privacy of student educational records. The law applies to all schools that receive funds from the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children’s educational records. These rights transfer to the student when he/she reaches the age of 18 or attends a school beyond the high school level

 

Federal Unemployment Tax Act (FUTA)

Employers must contribute to the government program (usually state-run) that offers temporary benefits to employees who are discharged.

 

Health Insurance Portability and Accountability Act of 1996 (HIPPA)

Objectives are to streamline health industry inefficiencies, reduce paperwork, make it easier to detect and prosecute medical fraud. It aims to enable workers of all professions to change jobs even if they (or a family member) have
pre-existing medical conditions.

HIPPA legislation has as its goals:

arrow bulletAssure health insurance portability by eliminating job-locks due to pre-existing medical conditions

arrow bulletReduces health care fraud and abuse

arrow bulletEnforce standards for health information

arrow bulletGuarantee security and privacy of health information
In compliance with HIPPA, BOCES must insure confidentiality in regard to medical conditions. It must enforce a policy of non-tolerance regarding regarding disclosure of information covered by this legislation.

 

Occupational Safety and Health Act (OSHA)

BOCES' responsibility as an employer is to provide employees with a workplace that’s reasonably safe and pleasant. The BOCES is not permitted to take any retaliatory action against employees who file complaints about workplace safety, health or atmosphere.

 

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