What are the unique benefits to accessing a program that is recommended by an association?

What is the Volunteer Protection Act?

Does every state have a Volunteer Protection Act?

• Who does the Volunteer Protection Act protect?
• Who is left vulnerable?

What is the Fair Housing Act?

• How is the Fair Housing Act connected with the Americans with Disabilities Act?
• How do these acts impact nonprofit facilities for the elderly?

What types of employment related lawsuits are most common?

• What are some strategies to use to combat such lawsuits?
• What are some of the average amounts associated with defending employment related lawsuits?

What are the unique benefits to accessing a program that is recommended by an association?

An established program with an recommendation can provide competitive and broad coverage for your facility. An insurance program that has the recommendation of AAHSA has already met some specific guidelines regarding coverage, service and pricing. Through the partnership that AAHSA has formed with the program administrator and insurance carriers, your facility gets insurance programs designed for long-term care facilities.

What is the Volunteer Protection Act?

The federal Volunteer Protection Act was passed in 1997 as a means to protect the personal assets of those who volunteer their time to a service organization. This act was passed in response to escalating liability claims against nonprofits and public service organizations.

Does every state have a Volunteer Protection Act?

Most states have their own versions of this legislation to define the parameters of liability within their jurisdictions. These state laws apply only to organizations domiciled within the state.

Who does the Volunteer Protection Act protect?

The laws are designed to protect only those individuals that are not compensated for their service to the organizations. This specifically excludes all paid employees.

Who is left vulnerable?

Since the protection applies only to volunteers' personal liability, the liability of the organization itself is not protected.

What is the Fair Housing Act?

The Fair Housing Act was enacted to prevent unfair housing practices involving discrimination due to race, color, national origin, age or religion. In 1988, the act was amended to include accessibility to the handicapped.

How is the Fair Housing Act connected with the Americans with Disabilities Act?

The American with Disabilities Act goes one step further and mandates that those with disabilities must be "reasonably accommodated" at a broad range of facilities, whether they were constructed to accommodate those with disabilities or not.

How do these acts impact nonprofit facilities for the elderly?

The significance of both of these laws, now working together, is that nonprofit facilities that provide services to the elderly must be accessible to persons with disabilities and provide "reasonable accommodation."

What types of employment related lawsuits are most common?

There are three types of lawsuits that are most common today:

1. Wrongful termination -- the discharge of an employee for invalid reasons

2. Discrimination -- the denial of equal treatment of employees who are members of a protected class.

3. Sexual Harassment -- when the employees are subject to unwelcome sexual advances, obscene or offensive remarks; or the failure to stop such behavior.

What are some strategies to use to combat such lawsuits?

It is important to have a properly designed and carefully worded employment manual or handbook in place that details all policies, procedures and terms related to employment. In many states, an employee is entitled to reasonably rely on the procedures outlined in an employee manual. In fact, some lawsuits can be avoided if management had developed and followed a properly designed employment manual.

What are some of the average amounts associated with defending employment related lawsuits?

An industry study conducted by The Wyatt Company found that win or lose, for the average liability claim, legal fees and related defense costs average over $114,000 -- not including settlement amounts.