Understanding Your Legal Responsibilities

Policies & Procedures

You Are The Eyes And Ears For The Company

As a supervisor, you are now charged with knowing and following a number of policies, procedures, and regulations that are both Human Resources and Legal related. To help protect yourself, and Valero, it is important for you to be familiar with employment laws and your responsibilities as a supervisor to comply with these laws.

Be Familiar With Valero HR Policies

If it has been a while since you’ve reviewed Valero’s Employee Guide, refamiliarize yourself with topics such as Equal Employment Opportunity, Family Medical Leave Act, vacation, absenteeism, discrimination, harassment, progressive discipline, and retaliation. The key word to keep in mind is consistency. All company policies should be applied consistently to all employees. Model respect in the workplace; you set the standard for your team.

Stop Discrimination/Harassment When It Happens

Listen to and immediately report complaints of discrimination or harassment. Any complaint should be taken seriously and discussed with HR.

Remember That Personal Information Is Just That…Personal

You have access to, or may become aware of, personal information about your employees. You have both a legal and ethical responsibility to safeguard and keep confidential personal information about your employees. This includes information that make your employees vulnerable to identity theft such as social security number, addresses, driver’s license numbers, and bank information. It also includes protecting an employee’s privacy by not discussing their family issues or health information, regardless of whether it is volunteered by the employee or disclosed on employee records such as insurance enrollment forms.

There Are Legal And Illegal Questions

Your role as supervisor may include interviewing candidates for employment or making promotion decisions. You need to know that there are certain questions and lines of inquiry that could give rise to a discrimination claim. For example no questions should be asked that would reveal a person’s age, color, race, sexual orientation, gender, religion, marital status, disability, ethnic background, or country of origin. Do not ask questions such as: “Are you married?”, “Any kids?”, “What do you do on the weekends?”. Stick to job-related questions. You may think a question is just a friendly attempt to establish rapport but you may inadvertently solicit personal information that is not job-related.

"The most significant thing to know as a supervisor is that you are the company. Your staff views you as management and the courts may view you, your actions, or inactions as those of the company. This has significant implications. As a supervisor you may be held personally liable for what you do and what you fail to do on behalf of your employees."

Equal Employment Laws Apply To Applicants For Jobs & Current Employees

Equal employment laws exist at both the federal and state level. As a supervisor you are prohibited from making employment decisions based on age, race, color, religion, sexual orientation, gender, gender identity, or national origin (or any other protected status under state or federal laws). These are known as protected classes under Equal Employment Opportunity (EEO) laws. Employment decisions include hiring/firing decisions, assignments, pay, training, discipline, and promotions.

Hire Right, Fire Right

In spite of strong hiring practices, you may still be faced with a decision to terminate an employee’s employment. Terminations should never be a surprise and should be conducted in a way that allows the employee to leave the company with dignity. Your first obligation is to confer with your manager to determine Valero’s policies/practices on terminating employees. Avoid saying, “You’re fired!” in the heat of the moment. Check company policies or consider suspending an employee. Make sure the facts support all your employment decisions.

Employees Are People Too

Employees leave their jobs because of their bosses more than any other reason. Remember, it’s not just a tool box that comes to work every day – it’s a whole person. Listen and value the ideas and opinions of each person; acknowledge any concerns and challenges they may be facing; and, ask for suggestions on how you can help to address issues. Establishing respect in the workplace shows not only common sense but also courtesy. Creating or allowing a hostile, intimidating, or harassing environment can subject you to personal liability if a claim is made.

Retaliation Is Not The Same As Harassment

Retaliation is not the same as harassment or a hostile workplace, and it is not about people getting revenge or getting back at anyone. Retaliation is about making people afraid to complain or assert their rights. Retaliation in the workplace includes any adverse action taken against an employee for filing a complaint or supporting another employee’s complaint under a variety of laws. It is critically important to treat employees consistently and in accordance with company policy with all aspects of employment, including hiring, pay, benefits, promotion, demotion, disciplinary action, termination, etc. Remember, it violates federal and state laws to retaliate against those raising complaints.

Resources Are Available To Assist In Legal Topics

Human Resources, and Legal where appropriate, are available to assist supervisors with issues regarding performance, conduct, discrimination, and harassment. Your role, in conjunction with HR, is to ensure consistency. You serve as a main point of contact for any issues specific to your employees.

Maintain personnel files locked in a file cabinet or saved on your Y drive – locations where your employees do not have access to the files. Ensure all documentation is accurately dated (including the year). Include details of any documented issues and make sure they are written in a professional, constructive manner and that they are work related. Be advised that any documentation is subject to discovery in any legal process. Employees requesting to see their files should be directed to their HR representative.

Contractors

Contractors are not company employees and should not be regarded or treated as company employees. Refer to your local HR department for site-specific practices.

Legal Topics Overview

Topics Policy Summary How To Avoid A Violation

Discrimination

Valero is committed to employing and retaining the most qualified individuals without regard to race, color, gender, religion, sexual orientation, national origin, age, disability, veteran status, or any other category protected by federal, state, or local law.
  • Be sensitive to the diversity of our workforce.
  • Be consistent in treatment of employees regardless of gender, race, age, religion, etc. Apply policies consistently.
  • Be honest in employment
    evaluations/performance feedback.
  • You participate in an interview with a female candidate who is noticeably pregnant. You may not reject this candidate because you don’t want someone who will be on leave soon after starting the job.

Harassment

All employees should enjoy a work environment free from all forms of unlawful discrimination, including harassment. This is not limited to sexual harassment.
  • Harassment of any kind will not be tolerated at Valero.
  • You are responsible for stopping harassment and reporting it to HR. Never promise to “keep it between us.”
  • If you are the harasser, you can be personally liable.
  • You have an employee on your team who is later in their career. No one on the team should be allowed to mock the individual for not “keeping up with times.”

Retaliation

Taking adverse action against an employee for engaging in a protected activity will not be permitted. Examples include, but are not limited to, announcing intent to file a charge of discrimination, taking FMLA leave, cooperating with an investigation, complaining about wages or other terms and conditions of employment.
  • Never retaliate against an employee who makes a complaint of harassment or discrimination.
  • Be sensitive to the timing of discipline and/or terminations in light of any protected activities.
  • A supervisor has a harassment claim filed against her. The supervisor is not allowed to stop all communication with that employee, in hopes of avoiding further issues.
  • An employee is out on intermittent FMLA. The other employees on the team have negative feelings against this individual for being out of the office so much. Regardless of their feelings, they are not to exclude the employee from the group.
  • Adverse actions against an employee include not only engaging, but disengaging from the employee (i.e. stopping communication).

Americans With Disabilities Act (ADA)

The ADA prohibits discrimination against any disabled but otherwise qualified applicant or employee who can perform the essential functions of the job with or without a reasonable accommodation.
  • You may not discriminate against someone with a disability.
  • We have a duty to discuss requests for reasonable accommodations.
  • Be aware of Valero’s request for reasonable accommodation process.
  • An employee who had chronic wrist pain for the past several months is entitled to request an ergonomic keyboard to help alleviate the pain.
  • An employee who suffers from terrible allergies can request HEPA filters be installed in the air vents in his/her work area.

Family Medical Leave Act (FMLA)

Under FMLA, an eligible employee may take up to 12 weeks (or 26 weeks) of leave during any 12-month period of reasons such as, but not limited to:

  1. the birth of a child and to care for the newborn child
  2. to care for the employee’s spouse, son, daughter, or parent with serious health condition
  3. the employee is unable to perform one or more of the essential functions of his/her job because of a serious health condition

For a complete list of eligible reasons, refer to the Employee Handbook.
  • Employee does not have to say FMLA for leave to be covered.
  • FMLA protects leave for up to 12 or 26 weeks.
  • FMLA is not a paid benefit.
  • FMLA automatically runs concurrent with other paid Valero leaves (i.e. STD, Family Illness, Vacation).
  • FMLA can be continuous or intermittent.
  • An employee who was in a car accident that requires 90 days of physical therapy, three time per week would be eligible for FMLA.
  • An employee with a child who requires weekly doctors’ appointments over the next nine months would qualify for intermittent FMLA.

Fair Labor Standards Act (FLSA)

Fair Labor Standards Act (FLSA) is the federal law governing minimum wage, overtime, compensable time, and related issues.
  • Employees must be paid for all hours worked.
  • Do not encourage, require, or allow off the clock work.
  • Employees cannot volunteer to work off the clock to keep overtime or other cost low.
  • An employee came in for additional training but does not report his time; under FLSA, the employee must be paid for all hours worked (including time spent in training).

Uniformed Services Employment and Reemployment Rights Act (USERRA) Leave

The Uniformed Services Employment and Reemployment Rights Act (USERRA) was enacted to ensure that members of the uniformed services are entitled to return to their civilian employment upon completion of their service.

They should be reinstated with the seniority, status, and rate of pay they would have obtained had they remained continuously employed by their civilian employer. The laws also protects individuals from discrimination in hiring, promotion, and retention on the basis of present and future membership in the armed services.

Employee rights:

  • Deemed to be on a furlough or leave of absence – entitled to non-seniority rights that are provided to other individuals on non-military leaves of absence.
  • Time spent on-duty provides time in which to return:
    • If less than 31 days – return at beginning of next regularly scheduled work period on first full day after release.
    • If 31 – 180 days – must submit request to return within 14 days of release.
    • If 181 days or more – must submit request to return within 90 days of release.
  • Have special reinstatement rights.
  • An employee goes out on USERRA Leave; upon return, he/she would be eligible for his/her bonus and/or merit.
Refer to the Employee Guide for full descriptions on each of the policies.

Quick Links

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